Form No.J(2)

CIRCUIT BENCH OF CALCUTTA HIGH COURT

AT JALPAIGURI

CONSTITUTIONAL WRIT JURISDICTION

Present: The Hon’ble Justice Aniruddha Roy

WPA 1407 OF 2025

Madhab Chandra Sarker

Vs.

The State of West Bengal & Ors.

For the Petitioner : Ms. Amrita Maji, Adv.

For the State : Mr. Subir Kr. Saha, Ld. AGP

Mr. Kumar Shantanu, Adv.

Heard on : 04.09.2025 Judgment on : 04.09.2025

Aniruddha Roy, J.

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

The petitioner was an approved Assistant Teacher of a Primary

School. He retired from his employment on 31.07.2004

The petitioner from his pension payment order found that a sum of

Rs.9272/- was deducted from his retiral benefit on the ground of overdrawal

in pay and allowances.

The petitioner by the instant writ petition is praying 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 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