NITYANANDA DAS Vs. STATE

JUDGEMENT

(1.) Let the affidavit of service be kept on record. This writ application is filed by the petitioner assailing the action of the respondent authorities in deducting a sum of Rs. 1,43,497/- from his terminal benefits arising out of his service as an assistant teacher of Paschim Sripatinagar Dr. B.C. Memorial Vidyapith, District South 24 Parganas on the ground of alleged overdrawal during the tenure of his service.

(2.) Since a point of law is required to be decided on the basis of the materials available on record this matter is taken up for final hearing. Let it further be recorded that on the prayer made on behalf of the petitioner the issue regarding recovery of alleged overdrawal from the terminal benefits of the petitioner is taken up for consideration of this case. The issue of re-fixation of the pay of the petitioner has not been considered in this case on its merit and it will be open for the petitioner to take steps in respect of the above issue afresh, if it is so advised.

(3.) The 'fact of the case is a nut shell is as follows:--