Form No.J(2)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

Jalpaiguri Circuit Bench

Present: The Hon’ble Justice Aniruddha Roy

WPA 1381 OF 2025

Anutosh Dutta

Vs.

The State of West Bengal & Ors.

For the Petitioner : Mr. Krishna Pada Santra, Adv.

For the State : Ms. Bedashruti Bose, 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.

Ms. Bedashruti Bose, learned counsel appeared for the State.

The petitioner was the Sahayak of a Gram Panchayat, on 30.11.2023

he retired from his service on superannuation.

On 08.01.2025 the petitioner had to deposit a sum of Rs.3,62,692/-

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