Heard on : 03.09.2025 Judgment on : 03.09.2025 Aniruddha Roy, J.

Affidavit of service filed in Court today, is taken on record.

Mr. Subir Kumar Saha and Ms. Pratusha Dutta Choudhury, learned counsel appeared for the State.

The petitioner was the Sahayak of a Panchayat Department, on

30.11.2023 he retired from his service on superannuation.

On 26.11.2024 the petitioner had to deposit a sum of Rs.3,60,295/-

as the condition precedent for disbursement of his retiral dues since it was alleged that during the tenure of his service, he had overdrawn the said amount.

It appears from record that such overdrawn amount was credited to the petitioner on account of wrong pay fixation. The petitioner was not responsible for fixation of such erroneous pay scale.

In view of the several decisions of the Hon‟ble Supreme Court e.g SHYAM BABU VERMA –VS- UNION OF INDIA reported in (1994) 2 SCC 521; UNION OF INDIA & ORS. –VS- TARSEM SINGH reported in (2008) 8 SCC 648 and STATE OF PUNJAB & ORS. –VS.- RAFIQ MASIH (WHITE WASHER) & ORS. reported in (2015) 4 SCC 334, the issue whether such overdrawn amount can be adjusted against the retiral benefits of an employee is no longer res integra.

However, to clarify the i