Calcutta High Court
WPA/29126/2025 of ANIL KUMAR UPADHYAY Vs STATE OF WEST BENGAL AND ORS. on 23 September 2026
Court No.24 SD IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION WPA 29126 of 2025 Anil Kumar Upadhyay Vs. The State of West Bengal & Ors. Mr. Banshi Badan Maity … for the Petitioner. Ms. Mary Datta Ms. Sneha Chatterjee Mr. Jaganath Chatterjee … for the State.
S/L 46
23.09.2026
Court No.24
SD
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
WPA 29126 of 2025
Anil Kumar Upadhyay
Vs.
The State of West Bengal & Ors.
Mr. Banshi Badan Maity
… for the Petitioner.
Ms. Mary Datta
Ms. Sneha Chatterjee
Mr. Jaganath Chatterjee
… for the State.
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1. Affidavit of service filed in the Court today be kept with the records.
2. The petitioner retired on 31.07.2024 on attaining his normal age of superannuation. Pension Payment Order was issued in his favour on 29.08.2024. Prior thereto, the petitioner was directed to deposit a sum of Rs.3,39,830/- on account of refund of overdrawn payment which the petitioner did by a Treasury Challan dated 30.07.2024.
3. In the instant writ petition the petitioner prays for refund of the aforesaid overdrawn amount.
4. It has been submitted that the said amount could not have been directed to be refunded on account of excess payment immediately prior to the retirement of the teacher.
5. The Hon’ble Supreme Court in the matter of State of Punjab & Ors. Vs. Rafiq Masih (White Washer) & Ors. reported in (2015) 4 SCC 334 laid down that recovery from retired employees and recovery from employees who are due to retire within one year of the order of recovery is impermissible.
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6. In the instant case, the petitioner has been directed to refund the amount immediately prior to his retirement. The same could not have been done.
7. In view of the above, the instant writ petition is disposed of by directing the Director of Pension, Provident Fund and Group Insurance, the concerned District Inspector of Schools and the concerned Treasury Officer to refund to the petitioner the aforesaid amount along with interest @ 5% per annum calculated from the date of issuance of the Pension Payment Order till date of actual payment at the earliest but positively within a period of twelve weeks from the date of communication of this order.
8. The writ petition stands disposed of.
9. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court.
10. Certified server copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.
(Amrita Sinha, J.)