OMMEY KULSUM MULLICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petition is presented by a retired assistant teacher after superannuation on 31/5/2015, inter alia, challenging memo dtd. 1/8/2014 issued by the District Inspector of Schools (S.E.), Howrah whereby the school authority was asked to downgrade the fixation of pay of the petitioner with effect from 8/3/1994 and to calculate overdrawn amount paid to the petitioner.

(2.) On behalf of the petitioner Mr. Bari has drawn attention of this Court to the Pension Payment Order issued under memo dated 16 th January, 2018 wherein it was indicated by the State respondents that Rs.1,26,513.00 was drawn in excess by the petitioner during the tenure as assistant teacher of a Government aided high school. The Pension Payment Order was issued during pendeny of the writ petition. Petitioner, as it has been contended, was paid provident fund dues contemporaneously after her retirement but petitioner did not receive other retiral dues pursuant to the Pension Payment Order since she did not accept the demand of the State respondents to refund the overdrawn amount which was calculated pursuant to the impugned memo dated 1 st August, 2014 issued by the concerned District Inspector of Schools. Till date petitioner is not in receipt of monthly pension and other retiral dues excepting provident fund.

(3.) In support of such submission made on behalf of the petitioner reliance has been placed on the judgment of the Supreme Court, reported in (2015) 4 SCC 334 (State of Punjab and Ors. -vs- Rafiq Masih (White Washer) and Ors.) and a judgment reported in 2022 SCC Online SC 536 (Thomas Daniel -vs- State of Kerala and Ors.).