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2025 Supreme(Online)(Cal) 6128

CALCUTTA HIGH COURT
ABDULLA MIA – Appellant
Versus
THE STATE OF WEST BENGAL AND ORS – Respondent


Form No.J(2)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

Jalpaiguri Circuit Bench

Present: The Hon’ble Justice Aniruddha Roy

WPA 1425 OF 2025

Abdulla Mia

Vs.

The State of West Bengal & Ors.

For the Petitioner : Ms. Taniya Bhoumik, Adv.

For the State : Mr. Sumit Kumar, Adv.

Mr. Bikash Singha, 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. Sumit Kumar and Mr. Bikash Singha, learned counsel appeared

for the State.

The petitioner was the Assistant Teacher of a Secondary School, on

30.04.2007 he retired from his service on superannuation.

The petitioner from his pension payment order found that a sum of Rs.8546/- was deducted from his retiral benefit on the ground of overdrawal in pay and allowance.

The petitioner by the instant writ petition is paying refund of the said amount with interest from the date of his retirement.

There is nothing on record to suggest that the petitioner was responsible for the payment of such amount.

In view of the several decisions of the Hon‟ble Supreme Court e.g SHYAM BABU VERMAVS- UNION OF INDIA reported in (1994) 2 SCC 521; UNION OF INDIA & ORS.VS- TARSEM SINGH rep

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