SHAMIK BURMAN ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Challenge in this writ petition is against a Memo No. 07/DLO/N24 Pgs dtd. 5/1/2022 and another Memo No. 31/DLO/N24 Pgs dtd. 13/1/2022 issued by the District Library Officer, North 24 Parganas directing recovery of Rs.4,22,980.00 as overdrawn from the petitioner.

(2.) Background facts which led to the filling of the writ petition may be summarised as under: The petitioner joined the library service as a librarian of Rural Library on 16/5/1985. He discharged his duties as Librarian in Rural Libraries namely Rabindra Smriti Samiti Pathagar, Bolpur Sadharon Pathagar (Town Library) and Nazrul Sukanta Pathagar, Birbhum. His employment was certified by the District Library Officer, Birbhum & Member Secretary of local library authority, Birbhum. He served the rural libraries up to 3/8/2000. After he succeeded in the recruitment process for direct appointment to the post of librarian of District Library, he was appointed as Librarian in the District Library, Murshidabad on 4/8/2000 in the scale of pay of Rs.4650.0010175. As per the appointment letter dtd. 27/4/2000 issued by the Secretary, local library authority, Murshidabad the service of the petitioner is guided by the Service Rules for Employee in the Government Sponsored / Public (other than Government) Libraries/ aided Libraries in West Bengal, 1985. Since the petitioner joined the post of Librarian of District Library through the recruitment process for direct recruitment, his appointment should be treated as fresh appointment and not as a promotional appointment. Because of his appointment as a Librarian of the District Library, the petitioner is entitled to get the benefits of protection and fixation of pay in terms of Memo No. 1269-Edn (MEE)/5P-6/97 dtd. 22/8/2000. After joining his new assignment the petitioner applied for protection and fixation of pay under the aforesaid Memo dtd. 22/8/2000. The prayer made by him was allowed and his pay was fixed at Rs.4800.00 in the scale of pay of Rs.4650.0010175. The petitioner submits that in terms of the Memorandum dtd. 22/8/2000 and paragraph 7 of G.O No. 492(6)-Edn (B)/ F1-39/81 dtd. 26/10/1981 his pay was to be fixed at the stage next above the pay notionally arrived at by increasing his pay in respect of the lower post by one increment at the stage at which such pay accrued. In terms of the appointment letter the service of the petitioner is not to be treated as Government employee. In the year 2013 he was transferred to District of North 24 Parganas as a Librarian of Ramkrishna Mission Boys' Home District Library, Rahara. Since then he has been discharging his duties as a Librarian of the District Library. By a Memo dtd. 13/9/2000 the District Library Officer, North 24 Parganas asked the petitioner to attend a hearing in his office on erroneous fixation of his pay. He appeared before him and he submitted his explanation in writing. But, shockingly, the District Library Officer by issuing a Memo dtd. 5/1/2022 observed therein that his basic pay was erroneously fixed at Rs.4800.00 as on 4/8/2000 instead of his basic pay of Rs.4650.00 in the scale of pay of Rs.4650.0010175 and directed that an amount of Rs.4,22,980.00 overdrawn by him would be deducted. By this Memo the petitioner was asked to inform him the mode of recovery of such overdrawn salary. Aggrieved by this Memo dtd. 5/1/2022 the petitioner through an Email dtd. 7/1/2022 requested the District Library Officer to inform him the Government order upon which his basic pay was recast. In response thereto the District Library Officer vide Memo dtd. 13/1/2022 informed him that his basic pay was recast in terms of WBSR, Part I, Rule 42(1)(I) and his basic pay was of Rs.60900.00 in December, 2021. The petitioner submits that his pay was rightly fixed at Rs.4800.00 in the aforesaid scale of pay by the District Library Officer in terms of the aforesaid Memorandum dtd. 22/8/2000 and the Government order dtd. 26/10/1981. The impugned Memorandum dtd. 5/1/2022 and the Memorandum dtd. 13/1/2022 are vitiated with illegalities as these Memoranda are not founded by any reason and relevant Government Memorandum/Order. Under the aforesaid circumstances, the petitioner seeks direction that the Memo No. 07/DLO/N24Pgs dtd. 5/1/2022 and the Memo No. 31/DLO/N24Pgs dtd. 13/1/2022 be set aside.

(3.) The respondent No.4, the District Library Officer, North 24 Parganas in his affidavit in opposition admits that initially the petitioner was appointed as a Rural Librarian in the year 1985 in the District of Birbhum and he worked in different libraries in the District up to 3/8/2000 in the scale of pay of Rs.3350.006325. His last basic pay as on 31/7/2000 was of Rs.4600..00 Thereafter, he participated in a fresh recruitment process and was selected as a Librarian of the District Library, Murshidabad. He joined as Librarian in the District Library, Murshidabad on 4/8/2000 in the scale of pay of Rs.4650.0010175/- after tendering resignation from his previous service. By Memo dtd. 9/8/2021 the District Library Officer, North 24 Parganas informed the Director of Library Services that the basic pay of the petitioner in the higher scale of pay was fixed erroneously and as such he requested him to take necessary steps. In reply thereto the Director of Library Services directed the District Library Officer to take necessary steps observing the existing Government Rules in that regard. By a Memo dtd. 13/9/2021 the District Library Officer informed the petitioner that his pay was erroneously fixed at Rs.4800.00 as on 4/8/2000 instead of basic pay of Rs.4650.00 and his pay needed to be recast. By a Memo dtd. 5/1/2022 the pay of the petitioner was recast and his pay was fixed at Rs.4650.00. By this Memo it was directed that the petitioner had overdrawn an amount of Rs.4,22,980.00 and the amount would be recovered. This answering respondent submits that the petitioner was entitled to draw his salary as per Rule 42(1)(I) of the West Bengal Service Rule, Part 1. In this connection this respondent states that one Debasis Mishra, Librarian, Edward VII Memorial Additional District Library was wrongly granted pay at Rs.5100.00 in the scale of pay of Rs.4650.0010175. But his pay was re-fixed in terms of Rule 42(1)(I)/42(1)(II) of the West Bengal Service Rules, Part 1. The petitioner will retire from service on superannuation on 30/9/2025 and as such he was informed long before his retirement that an amount of Rs.4,22,980.00 was overdrawn by him. On such grounds and denying and disputing the averments as made in the writ application this answering respondent submits that the writ application is liable to be dismissed.