Form No.J(2)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

Jalpaiguri Circuit Bench

Present: The Hon’ble Justice Aniruddha Roy

WPA 1898 OF 2025

Moni Basak

Vs.

The State of West Bengal & Ors.

For the Petitioner : Mr. Debajit Kundu, Adv.

For the State : Mr. Anirban Banerjee, Adv.

Heard on : 10.09.2025 Judgment on : 10.09.2025

Aniruddha Roy, J.

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

Mr. Anirban Banerjee, learned counsel appeared for the State.

The husband of the petitioner was the Assistant Teacher of a Primary

School and on 23.09.2012 he died in harness.

The husband of the petitioner from his pension payment order found that a sum of Rs.29,476/- 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 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