Form No.J(2)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

Jalpaiguri Circuit Bench

Present: The Hon’ble Justice Aniruddha Roy

WPA 1934 OF 2025

Azizur Rahaman

Vs.

The State of West Bengal & Ors.

For the Petitioner : Mr. Debajit Kundu, Adv.

Ms. Rajyashree Ghosh, Adv.

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

Mr. Pradip Sarkar, Adv.

Heard on : 11.09.2025 Judgment on : 11.09.2025

Aniruddha Roy, J.

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

Mr. Subir Kumar Saha and Mr. Pradip Sarkar, learned counsel

appeared for the State.

The petitioner was appointed as Assistant Teacher of a High

Secondary School. The petitioner retired from her service on 31.05.2025.

On 18.06.2019 the petitioner had to deposit a sum of Rs.4,31,035/-

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 father of 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