NILANJANA RUDRA (MALLICK) Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner in this WP under art.226 of the Constitution of India dated December 7, 2010 is questioning a decision of the District Inspector of Schools (SE), Burdwan dated July 20, 2010 (WP p.31) asking the head of the school in which the petitioner has been working as an assistant teacher to ask the petitioner to refund the overpaid salary and allowances.

(2.) BY an order dated May 16, 2012 the WP was admitted in presence of advocate for the State that was directed to file opposition within the time mentioned in the order. None appears for the State and no opposition has been filed.

(3.) IT is evident from the decision of the District Inspector of Schools (in short DI) that the DI gave his decision filling in the blanks of a printed form. It has not been stated clearly how and when the payment was made and why the payment was to be treated as an overpayment. The document at p.38 of the WP contains certain resolutions of the managing committee of the school dated August 11, 2010. One of the resolutions was that against the decision of the DI dated July 20, 2010 the school authority would approach the Director of School Education for clarification, because, according to the school authority, the petitioner's pay had been correctly fixed.