Authority: Calcutta High Court, Circuit Bench at Jalpaiguri
Order Date: August 11, 2026
Case Overview
- Petitioner: Puspawati Gurung, former Assistant Teacher of a primary school, retired on superannuation on 30‑04‑2022.
- Respondents: State of West Bengal and its officials, represented by Mr. Salok Sah.
- Issue: On 08‑07‑2025 the petitioner was required to deposit Rs 22,671 as a condition precedent for the disbursement of her retiral dues, alleged overdrawn amount due to erroneous pay fixation.
- The petitioner contended the overdrawn amount resulted from wrong pay fixation, for which she bore no responsibility.
- The Court referred to Supreme Court judgments (Shyam Babu Verma v. Union of India, Union of India v. Tarsem Singh, State of Punjab v. Rafiq Masih) and quoted paragraph 18 of Rafiq Masih, outlining situations where recovery from employees is impermissible.
Final Outcome
- The Court held the petitioner entitled to relief and directed the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal, and the Treasury Officer to release Rs 22,671 together with interest at 8 % per annum from the date of issuance of the pension payment order till actual payment.
- Payment to be made within eight weeks of communication of this order.
- The petition (WPA 2627 of 2025) is disposed of without any order as to costs.
- Photocopy certified of the order, if applied for, to be furnished expeditiously.
Topics: Retirement Dues, Employee Recovery, Judicial Relief