STATE OF WEST BENGAL Vs. SAMAR CHATTOPADHYAY

JUDGEMENT

(1.) At the first blush, when the matter was argued by Mr. Tapan Kumar Mukherjee, learned Additional Government Pleader, we were not convinced with the initial submissions on the settled proposition of law as of now enunciated by the Apex Court in catena of judgments including the three- Judge Bench decision rendered in State of Punjab & Ors. Vs. Rafiq Masih (Whitewasher) reported in (2014) 8 SCC 883 and subsequent two-Judge Bench decision rendered in the aforesaid case but we subsequently thought to give our anxious consideration to the issue of law when a two-Judge Bench decision of the Apex Court rendered in High Court of Punjab and Haryana & Ors. Vs. Jagdev Singh reported in (2016) 14 SCC 267 was placed before us.

(2.) The seminal point involved in the instant appeal is whether the authority can deduct/adjust or raise the demand for refund of the excess amount paid to the employee on erroneous fixation of scale of pay from the retiral benefits or from the future pensionary benefits.

(3.) Before we proceed to decide the point as above, salient facts which are more or less undisputed are required to be adumbrated hereinbelow. The petitioner was appointed as a lecturer in Ramkrishna Mission Shilpapitha, Belgharia, Kolkata 700056 on 26/3/1996 and attained superannuation therefrom with effect from 21/12/2013. The petitioner was allowed Career Advancement Scheme (in short, 'CAS') benefit from 26/3/2001 and the second CAS was allowed from 26/3/2006. It is a specific stand of the appellant authorities that at the time of joining the post of the lecturer in the said institute which is a Government sponsored polytechnic, The petitioner did not have the M.Tech. degree which was obtained on 25/3/1996 and therefore, in view of a Government order dtd. 24/10/2007, he is entitled to a first CAS after successfully completing 6 years of service and accordingly, the second CAS shall be awarded after lapse of further period enshrined therein.