Calcutta High Court
WPA/23788/2026 of SYED MAJIBUR RAHMAN Vs STATE OF WEST BENGAL AND ORS. on 16 September 2026
AD/33/18 266312 NANDY (DISPOSED OF ) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA/23788/2026 SYED MAJIBUR RAHMAN VS THE STATE OF WEST BENGAL & ORS. Ms. Susmita Dey Basu, Advocate Mr. Kaustav Ghosh, Advocate ……for the Petitioner Mr. N.C.
AD/33/18
266312
NANDY
(DISPOSED OF)
In the High Court at Calcutta
Constitutional Writ Jurisdiction
Appellate Side
WPA/23788/2026
SYED MAJIBUR RAHMAN
VS
THE STATE OF WEST BENGAL & ORS.
Ms. Susmita Dey Basu, Advocate
Mr. Kaustav Ghosh, Advocate
……for the Petitioner
Mr. N.C. Bihani, Sr. Advocate
Mr. Soumyajit Ghosh, Advocate
……for the CSTC
Mr. Atanu Basu, Advocate
……for the State
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1. The petitioner is aggrieved that a sum of Rs.1,61,186/- has been recovered from his terminal benefits on the ground of overdrawal.
2. The petitioner worked as a Junior Traffic Supervisor attached to the Taratala Depot of respondent no. 3. The petitioner retired on November 30, 2025. It was only thereafter that the amounts have been deducted from his terminal benefits.
3. The issue has been settled by the Hon'ble Supreme Court of India in State of Punjab vs. Rafiq Masih reported in (2015) 4 SCC 334.
4. Such deduction cannot be made from the terminal benefits of the petitioner, as the amounts have been paid not due to any default, misrepresentation, or any act of commission or omission of the petitioner.
5. The respondent authorities are directed to refund the sum of Rs.1,61,186/- by November 30, 2026.
6. Since the terminal benefits are right of the petitioner, he will be entitled to interest at the rate P a g e | 2
of 6% per annum from the date the amounts became due till the actual payment thereof.
7. With the afore-stated direction, the petition is disposed of. No order as to costs.
(REETOBROTO KUMAR MITRA, J.)