HARI PADA SAMANTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner in this WP under art.226 dated April 5, 2010 is seeking a mandamus commanding the respondents to pay him with interest Rs.34,121 deducted from his gratuity and pension arrears towards recovery of overpaid salary and allowances.

(2.) 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 July 31, 1995. He was, however, kept in employment till June 30, 1996. Salary, etc. paid for August 1, 1995-June 30, 1996 were deducted from the retirement benefits.

(3.) IT is not the case that though the petitioner was superannuated on July 31, 1995, he forcibly continued to attend the school and discharge duty as a teacher. Nor is it the case that the respondents took his services and paid him salary and allowances month by month because of fraud exercised by him. It is evident that the respondents kept the petitioner in employment because of pending Court cases. Now the question is whether salary and allowances he was paid for August 1, 1995-June 30, 1996 could be recovered from his retirement benefits.