BHOLA NATH ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS writ application is directed against an order passed by the respondent No.2 under his Memo No.1318-GA dated June 8, 2012. By virtue of the impugned order, the respondent No.2 directed the respondent No.7 to recover alleged overdrawal amount from the terminal benefits of the petitioner who was an Assistant Teacher of Sukdevpur S.C. High School, District ­ Dakshin Dinajpur.

(2.) THE appointment of the petitioner to the post of an Assistant Teacher, Sukdevpur S.C. High School was approved by the respondent No.7 w.e.f. February 25, 1987 under Memo No.386/1(1)/A dated February 21, 1991 recording his academic qualification of B.Sc(D), B.Ed. The respondent No.7 informed the authority of the above school of the error in extending the benefit of revision of pay and allowances, 1998 in favour of the petitioner under his Memo No.46/Gr. dated January 10, 2000. The petitioner refunded back the excess amount drawn by him in the treasury on May 26, 2000 (at Page 27 of this writ application). Subsequently, the respondent No.7 extended the benefit of higher scale of pay in favour of the petitioner fixing his pay in the next higher scale of pay allowing the benefit of his 18 years service on completion of continuous satisfactory service under Memo No.537/1(2) dated March 21, 2003. The above benefit was extended in favour of the petitioner in terms of the G.O. No.33-Edn (B) dated March 7, 1990 read with Circular No.25-SE (B) dated February 12, 1999.

(3.) THE petitioner retired from the above service on attaining the age of retirement on superannuation w.e.f. September 30, 2012. Due to the audit observation under reference, the terminal benefits of the petitioner have not yet been released.