Form No.J(2)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

Jalpaiguri Circuit Bench

Present: The Hon’ble Justice Aniruddha Roy

WPA 1375 OF 2025

Suhash Maitra

Vs.

The State of West Bengal & Ors.

For the Petitioner : Mr. Debajit Kundu, Adv.

Ms. Arpita Saha, Adv.

For the State : Mr. Subir Kumar Saha, Adv.

Ms. Pratusha Dutta Choudhury, Adv.

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 repor