SAMAR CHATTOPADHYAY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Challenge in this writ petition is against a Memo dtd. 10/12/2013 issued by the Director of Technical Education and Training, West Bengal directing recovery of an amount as overdrawn from the petitioner.

(2.) Background facts which led to the filing of the writ petition may be summarised as under:

(3.) The petitioner states that while the benefits under the career advancement scheme were granted to him for the second time a meeting was convened on 25/1/2008 and in the meeting the Additional Director of Technical Education and Training was present. As regards fixation/finalisation of the benefits under the career advancement scheme, the petitioner had no role to play. The decision as to conferring the benefits under career advancement scheme was taken by the concerned authority. While his representation seeking release of pensionary benefits was pending and twenty days before his retirement. the Director of Technical Education and Training, West Bengal by issuing a Memo dtd. 10/12/2013 directed the Secretary, Ramkrishan Mission Shlipitha, to recover the excess amount already paid to the petitioner as benefits under the career advancement scheme for the second time. In the Memo dtd. 10/12/2013 the Director of Technical Education and Training has observed that the benefits under the career advancement scheme for the first time ought to have been granted to the petitioner on 26/3/2002 instead of 26/3/2001 since he obtained the Master's degree in the year 1996-1997. The petitioner alleges that the Memo dtd. 10/12/2013 by which the Secretary of the Educational Institution was directed to recover the overdrawn amount from him is arbitrary, whimsical and illegal. Because of the illegal acts on the part of the state authority, sustaining livelihood of the petitioner and his family members has been at stake. The petitioner emphatically states that neither he participated in the process of fixation of benefits under the career advancement scheme, nor he practised any fraud upon the authority concerned to get the benefits under the aforesaid scheme.