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IN THE HIGH COURT AT CALCUTTA
PARTHA SARATHI CHATTERJEE
Krishna Bandyopadhyay – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
PARTHA SARATHI CHATTERJEE, J.
1.The petitioner, a retired Headmistress, has preferred the present writ petition, praying for an appropriate order and/or direction and/or a writ, particularly in the nature of mandamus, commanding the concerned respondents to refund a sum of Rs. 5,90,541/– along with interest thereon at the rate of 10% per annum, calculated from the date of its deposition through treasury challan until the date of actual repayment.
2. Furthermore, the petitioner prays for a direction upon the respondents to forthwith release her pension, to be computed on the basis of her last drawn basic pay amounting to Rs. 1,10,700/– per month.
3. Before addressing the issue raised in the present writ petition, it would be prudent to advert to the essential facts that led to its institution.
4. The petitioner commenced her career as an Assistant Teacher at Kenjakura Damodar Balika Vidyalaya, District – Bankura, on 21.09.1988. Thereafter, she was appointed as the Assistant Headmistress of the said institution on 12.11.2002. Subsequently, she assumed charge as the Headmistress of Dhulai Girls’ High School, District – Bankura, with effect from 01.10.2008. Upon completion of ap
Recovery of overdrawn amounts from a retiree is impermissible post-cessation of the employer-employee relationship.
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....
Recovery of excess amount paid to a retired employee just before their retirement may be impermissible, as established by the law laid down by the Supreme Court in Rafiq Masih (supra).
Recovery of excess payments from employees is impermissible without evidence of misrepresentation or fraud, emphasizing equitable relief in pension matters.
An employee need not wait for twelve months from the fixation of his/her pay in the new scale for earning in the revised scale.
Recovery should not be made from the retired employees, and the grant of qualification scale, trained scale, and senior scale to the petitioner cannot be questioned and found fault by the respondent ....
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