LAWS(CAL)-2022-2-50

NIHARKANA DAS Vs. STATE OF WEST BENGAL

Decided On February 25, 2022
Niharkana Das Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The husband of the petitioner was a primary school teacher. He retired on attaining his normal age of superannuation on 28/2/1992 and expired on 26/12/1993. Pension Payment Order which was issued in his favour on 19/6/2001 shows that an amount of Rs.50,627.00 was deducted from the retiral dues of her deceased husband on the ground of overdrawal payment. The petitioner is aggrieved by the same.

(2.) The petitioner alleges that prior to such deduction no opportunity was given to the petitioner to defend herself. The respondent authority suo motu took the decision to deduct the aforesaid amount. After the relationship between the employer and employee ceases the employer cannot recover any amount from the employees.

(3.) The petitioner relies upon the judgment delivered by the Hon 'ble Supreme Court in the matter of State of Punjab and Ors. -vs- Rafiq Masih (White Washer) and Ors. reported in (2015) 4 SCC 334 wherein the Court laid down instances when recovery from employees is impermissible.