ASOK KUMAR PAHARI Vs. STATE WEST BENGAL

JUDGEMENT

(1.) Affidavit of service filed in Court today is kept with the record.

(2.) The writ petitioner served as an assistant teacher in a school and retired from service on 31.10.2018. As pre condition for disbursal of the retiral benefits, the petitioner was required to deposit a sum of Rs.1,70,929/- by way of treasury challan on the ground of alleged overdrawal. Being aggrieved, the petitioner has approached this Court by way of the present writ petition.

(3.) The issue whether overdrawal of pay can be adjusted against retirement dues of an employee has been settled in Shyam Babu Verma & Ors. Vs. Union of India & Ors. reported in (1994) 2 SCC 521 and also in a later decision in the case of Syed Abdul Qadir & Ors. Vs. State of Bihar & Ors. reported in (2009) 3 SCC 475 and also in the case of State of Punjab and Ors. Vs. Rafiq Masih (White Washer) & Ors. reported in (2015) 4 SCC 334. A judgement of a co-ordinate Bench of this court in the case of Shiba Rani Maity Vs. The State of West Bengal in W.P. 29979(W) of 2016 as well as Biswanath Ghosh Vs. The State of West Bengal in W.P. 27562 (W) of 2016 has categorically held that in a case where no rights have accrued in favour of a third party, the petitioner who has suffered by reason of non-payment of amount withheld on the ground of an alleged overdrawal has a right to approach this court for appropriate relief. The relevant paragraphs from W.P. 29979(W) of 2016 are set out below:-