CHHABI GOSWAMI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this writ petition, the petitioner questions the legality of the action of the education department of the Government of West Bengal directing recovery of a sum of Rs. 71,801/- (rupees seventy one thousand eight hundred one only) from her dues as excess sum drawn. Such direction was issued at the time of processing of her pension papers. Other prayers of the petitioner include direction for refund of Rs. 1391/- which the petitioner claims was wrongfully realized from her again as overdrawn amount, which she claims is her legitimate entitlement on account of completion of 18 years and 20 years of service. Further refund of Rs. 1980/- has been prayed for, which was realised from her as the government's contribution towards contributory provident fund, along with interest.

(2.) The petitioner had joined Belpahari Girls Junior High School as an assistant teacher on 1 March 1968. Between 25 June 1979 and 21 May 1982, the petitioner could not attend her regular duties on account of illness. For the period between 25 June 1979 and 24 December 1980 the petitioner was granted special leave with full pay by the administrator of the school. For the period between 25 December 1980 and 21 May 1982 the petitioner was granted extraordinary leave without pay, covering a period of one year four months and twenty days. The petitioner claims to have submitted her option form under the West Bengal Services (Revision of Pay & Allowance) Rules, 1981 (ROPA Rules) on the date of her resumption of duty only, on 22 May 1982, and she wanted her option to be effective from 1 April 1981. The ROPA Rules, 1981 had come into effect during the period the petitioner was on leave.

(3.) The petitioner submitted her option form for fixation of initial pay in the revised scale as per the G. O. No. 372/EDN (B) dated 31 July 1981 with effect from 1 April 1981. The petitioner has reached her superannuation age on 30 June 2008. This writ petition was filed on 9 May 2008, with specific complaint against stoppage of payment of salary from the month of March 2008. It appears that the authorities had curtailed one increment, and the petitioner had been informed that due to wrong fixation of pay, there was overdrawal in respect of her salary to the extent of Rs. 71,801/-. The school authorities were informed by the office of the District Inspector of Schools (SE), (DIS), Paschim Medinipur that pay of the petitioner as per ROPA 1981 had been provisionally fixed with effect from 22 May 1982. Thereafter, the same authority i. e. the DIS, by another memorandum dated 28 January 1988 refixed the scale of pay provisionally in the next higher scale on completion of 18 years of continuous service with effect from 1 March 1986. This was done computing 18 years from her date of joining the service on 1 March 1968, and included the period she was under leave for such computation.