LAWS(CAL)-2026-4-39

MD. ABDUS SABOOR Vs. STATE OF WEST BENGAL

Decided On April 01, 2026
Md. Abdus Saboor Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) Affidavit of service filed on behalf of the petitioner is taken on record.

(2.) By the present writ petition, the petitioner seeks direction upon respondent authorities for refund of the overdrawal amount of Rs.4,59,843.00 deposited by the petitioner towards overdrawn salary together with interest at the rate of 18% per annum from the date of deposit till the date of actual payment.

(3.) The petitioner contends that he was an Assistant Teacher of Gangaprasad High Madrasah, Post Office Madanpur, District Murshidabad. The petitioner retired from service on superannuation on 31/1/2024. Prior to retirement the petitioner was directed by the concerned District Inspector of Schools (S.E.) to refund the overdrawn salary of Rs.4,59,843.00 for the period from May, 2005 to March, 2023 in order to process the pension file. Pursuant thereto, the petitioner deposited the aforesaid amount of overdrawal of salary on 1/3/2024. The direction for deposit of the aforesaid amount towards overdrawal amount of salary is impermissible in law. Being aggrieved by such action on the part of the respondent authorities, the petitioner has preferred the present writ petition.