M/L 300

22.01.2025 Court No.19 SD IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION WPA 22056 of 2024 Khagendra Nath Rauth Vs.

The State of West Bengal & Ors.

Mr. Sujit Bhunia Mr. Debasis Dey Mrs. Sanchayita De … for the Petitioner.

Mrs. Rupsha Chakraborty Ms. Mohuya Dutta Biswas … for the State.

Affidavit of service filed on behalf of the petitioner be kept with the record.

Report as directed by the order dated September

17, 2024 is filed on behalf of the District Inspector of Schools (PE), Jhargram, the respondent no.3 herein; let it be kept with the record.

The petitioner was the Assistant Teacher of a Primary School retired from his service on May 31, 2023.

The petitioner from his pension payment order had found that a sum of Rs.44,340/- was deducted from the retiral benefits 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