HRISHIKESH MONDAL Vs. STATE OF W B

JUDGEMENT

(1.) The petitioner in this WP under Article 226 dated January 19, 2012 is seeking a mandamus commanding the respondents to pay him with interest Rs. 1,11,953 deducted from his gratuity and pension arrears towards recovery of overpaid salary and allowances. The petitioner was a primary school teacher. According to the provisions of the ROPA Rules that he had opted in to, he was to retire from services on reaching the age of 60. Hence he was to retire on December 31, 1992. He was, however, kept in employment till June 36, 1996. Salary, etc. paid for January 1, 1993-June 30, 1996 were deducted from the retirement benefits.

(2.) With the Affidavit-in-Opposition the respondents have produced a GO No. 845-SE (Pry) dated August 12, 1998 in support of their case that the GO authorised them to recover salary and allowances the petitioner was paid for January 1, 1993-June 30, 1996; for the petitioner opted in to the ROPA Rules, 1990 and hence was to retire from services on reaching the age of 60 on December 31, 1992.

(3.) Mr. Maity appearing for the petitioner has argued that since the respondents took the petitioner's services salary and allowances he was paid for the period in question could not be recovered on the grounds of overpayment.