Pendency Of Dispute Regarding Excess Payment Does Not Bar Release Of Retiral Benefits In Timely Manner: Calcutta HC

Background Facts

The petitioner worked on the post of Headmaster in Barhat Sambhunath Banipith High School, Purba Medinipur. Before joining this school, he worked in two different schools, namely Krishnapur Adarsha Vidyamandir and Mahishadal Raj High School.

The headmaster had drawn excess amount of salary drawn from the date of drawal of revised scale under ROPA 1998. The Commissioner of School Education, West Bengal passed an order dated 7th January, 2020, wherein it was decided that petitioner has to refund this excess amount of salary. It was also decided that headmaster was not entitled to pay protection and fixation of pay based on past service at other schools. Thereby initial basic pay of petitioner was fixed in post graduate scale of pay with effect from 1st September, 1995. Aggrieved by this order, headmaster filed a writ petition (WPA 3693 of 2020) which was still pending.

The petitioner retired on superannuation on 31st January, 2023 from the post of Headmaster. But his pension case was not settled for release of retiral dues including pension. Aggrieved by the same, the petitioner filed the writ petition. The headmaster prayed to direct the respondent authorities to release retiral dues after adjusting overdrawn amount due to pendency of the writ petition.

It was contended by the petitioner that the delay in settling retiral dues was unwarranted. He suggested the excess amount could be adjusted from the gratuity rather than delaying pension.

On the other hand it was contended by the respondent (District Inspector of Schools, Purba Medinipur) that Barhat Sambhunath Banipith High School, Purba Medinipur was not forwarding the pension file, which was required for the purpose of releasing the retiral benefits.

Findings of the Court

It was observed by the court that legality and validity of the order of the Commissioner of School Education cannot be delved into due to pendency of the writ petition (WPA 3693 of 2020).

However, it was directed by the court to the respondent authorities to release admissible service benefits to the headmaster considering his superannuation on 31st January, 2023 on adjusting excess drawn amount from the gratuity of the headmaster.

Further that on receipt of papers from the concerned school authority shall settle claim of the headmaster and release admissible retiral dues including pension by four weeks thereafter without insisting upon the headmaster to refund excess drawn amount.

Further it was directed by the court that the Teacher-in-Charge of Barhat Sambhunath Banipith High School must forward all documents, including the headmaster's Service Book, to the District Inspector of Schools (SE), Purba Medinipur, within 15 days of receiving this order.

With the aforesaid observations, the writ petition was disposed of.

Case No. : WPA 25602 of 2024

Counsel for the Petitioner : Sabyasachi Mondal, Subir Sabud, Puja Naskar, Payel Khanra

Counsel for the Respondents : Maniruzzaman, Sankha Prasad Roy, Koustava Ratan Chatterjee