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PARTHA SARATHI SEN
Mrityunjay Ghosh – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
(Partha Sarathi Sen, J.) :
1. In this petition the writ petitioner is aggrieved with the memo No. 182/M dated 10.05.2010 as issued by respondent No. 3/the District Inspector of Schools (S.E.), Howrah (hereinafter referred to as the ‘D.I.’ in short) who directed the writ petitioner to deposit the over-drawal amount on account of P.G. scale for the period of 26.07.1987 to 31.07.1989.
2. Admittedly, the writ petitioner has not deposited the alleged overdrawal amount and accordingly his pension was withheld though the writ petitioner retired on 30.11.2009 as headmaster of Kona High School, Howrah.
3. In the backdrop of the aforementioned factual position the petitioner approached before this Court with a prayer for issuance of writ of mandamus for rescinding and/or cancellation of the aforesaid memo dated 10.05.2010 with a further prayer for commanding the respondent No. 3, i.e.; the District Inspector of Schools (S.E.), Howrah to release his pension at the earliest.
4. At the very outset Mr. Bari, learned Advocate for the writ petitioner draws attention of this Court to page No. 40 of the writ petition whereby and whereunder the respondent No. 3/D.I. under cover of its memo
Recovery of excess payments from employees is impermissible without evidence of misrepresentation or fraud, emphasizing equitable relief in pension matters.
An employee is not entitled to equitable relief to prevent the recovery of an overdrawn amount if they were aware of the overdrawn amount for a substantial period prior to retirement and failed to re....
The main legal point established is that financial benefits given without misrepresentation or fraud are not liable to be recovered, and any order passed in violation of the principles of natural jus....
The court established that qualifications obtained before a specified date must be recognized for pay scale determination, ensuring fairness in employment practices.
Recovery of overdrawn amounts from a retiree is impermissible post-cessation of the employer-employee relationship.
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