MIHIR KUMAR MAITY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner herein was appointed as a Craft Teacher in Mayayanharh High School in the District of Paschim Medinipur. His appointment as Craft teacher in the said school was approved by the then District Inspector of School (Secondary Education), Medinipur, with effect from 1 st January, 1971. The approval of the petitioner's appointment as Craft Teacher was communicated to the school authority by the said DI of School vide his letter No. 1188-8 dated 9 th May, 1972. The petitioner's entitlement to the salary in terms of G.O. No. 343(END-S) dated 3 rd March, 1973 with effect from 1 st May, 1972 was confirmed by the said DI of the school vide his letter dated 4 th March, 1975 under memo No. 1452-5. The petitioner retired from service on superannuation on 31 st October, 2004. His pension paper was submitted to the concerned DI of school Secondary Education, Paschim Medinipur by the school authority on 13 th April, 2003.

(2.) Trouble started after submission of the petitioner's pension papers, in course of settlement of the retiral dues of the petitioner as the District Inspector of School, Secondary Education, Paschim Medinipur was of the view that the scale of pay which was given to him for his craft training, in fact, was not admissible to him as he did not complete two years' training course. According to the said DI of school, since the petitioner did not complete two years' training course, he was entitled to pay scale admissible to the Assistant Craft Teacher having one year's training qualification. Thus, he was of the view that the excess money which was paid to the petitioner on account of his wrong pay fixation was either required to be refunded by him or the same may be adjusted against his retiral dues. As a matter of fact, a sum of Rs.2,26,986/- was adjusted against his retiral dues on account of overdrawal in pay due to such wrong pay fixation.

(3.) The petitioner has challenged the authority and/or competence of the State respondents for recovering the said amount of Rs.2,26,986/- by way of adjustment against his retiral dues after his retirement.