17.07.2026 Court No.13 Item Nos. 7-8 pk MAT 1704 of 2022 With I.A. No. CAN 1 of 2022 I.A. No. CAN 2 of 2022 Bidhan Chandra Krishi Viswavidyalaya and another Vs. Biswanath Chattopadhyay and another With MAT 1733 of 2022 With I.A. No. CAN 1 of 2022 I.A. No. CAN 2 of 2022 Bidhan Chandra Krishi Viswavidyalaya and another Vs. Kalipada Roy and another Mr. Prabir Dasgupta Mr. Suman Dey … For the Appellants. Mr. Sahasrangshu Bhattacharjee, Ld. AGP Ms. Mary Datta. … For the State. Mr. Ranajit Chatterjee, … For the Respondent No.1. Re: MAT 1704 of 2022 1. Sufficient grounds are available to explain the delay in filing the instant appeal. Hence, the delay is condoned. 2. Accordingly, CAN 1 of 2022 is allowed and disposed of. 3. This appeal is directed against an order dated 23.02.2022 passed by the Single Bench of this Court. The grievance of the petitioners before the Single Bench 2 was that the respondents have wrongfully recovered certain alleged excess payment made to him pursuant to a wrong fixation of pay while he was in service. 4. The petitioners were also aggrieved that at the time of issuing PPO not only was the excess payment recovered but the lower scale of pay was fixed for the purpose of pension. Pension was and still is being given to the respondents/writ petitioner at the lower re fixed scale. To the extent that the Single Bench is held that the excess payment made during service cannot be recovered by an employer in terms of paragraph 18 of the decision of the Supreme Court in the Case of State of Punjab and others Vs. Rafiq Masih (White Washer) & others reported in (2015) 4 SCC 334, this Court finds no fault with the impugned order. However, post retirement the petitioner is entitled to pension only at the scale that he was actually entitled to. 5. The Single Bench had directed the appellant to give up a personal hearing to the petitioner and thereafter take a decision on refixation of actual pay that the petitioner was entitled to, based on which pension would be paid to him. There is nothing wrong with this portion of the order as well. 6. It is submitted by counsel for the appellants as well as the respondents that the refund of excess amount to the petitioner has not been done till date. 3 7. It is expected and ordered that such refund is made by the appellants and the State provides for such refund forthwith but not later than one month from date. Correspondingly the writ petitioner/respondent shall make a representation to the respondents as regards the appellants’ contention of a lower pay scale that he is entitled to and contest the same with due justification within a period of two weeks from date. The writ petition and/or his representative shall be personally heard by the Registrar of the University and a reasoned order may be passed by the Registrar within a period of two months from date subject to the representation being received as indicate above. 8. Pension being paid to the petitioner shall continue. In the event the Registrar decides that the writ petitioner is entitled to the higher scale of pay, let the difference between the pension paid and the higher pension, if at all, be made as expeditiously as possible after the order is passed by the Registrar. 9. With the aforesaid observations, MAT 1704 of 2022 is disposed of. Consequently, connected pending applications are also disposed of. 10. Since no affidavit has been used by the respondents, the allegations made in the writ petition shall not be deemed to have been admitted by them. 4 11. There will be no order as to costs. Re: MAT 1733 of 2022 12. Sufficient grounds are available to explain the delay in filing the instant appeal. Hence, the delay is condoned. 13. Accordingly, CAN 1 of 2022 is allowed and disposed of. 14. It is submitted by counsel for the appellants as well as the respondents that the refund of recovery made from the respondents concerned has already been done. 15. In view of the above, MAT 1733 of 2022 is disposed of. Consequently, connected pending application is also disposed of. 16. There will be no order as to costs. 17. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.) (Rai Chattopadhyay, J.)