S/L 12 29.09.2026 Court No.24 SD IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION WPA 8770 of 2026 Sukanta Biswas Vs. The State of West Bengal & Ors. Mr. Tamal Taru Panda Mr. Asumdipta Santra Mr. Sourav Mondal … for the Petitioner. Mr. Ranjan Kumar Saha Mr. Mukunda Pal Sarkar … for the State. 1. The petitioner retired from service on attaining his normal age of superannuation on June 30, 2025. Immediately prior to his retirement, a direction was passed for recasting his pay and the petitioner was directed to refund the overdrawn amount paid to him. 2. Apprehending that he will not get his terminal dues in proper time, the petitioner refunded the amount which was found to be withdrawn by him. 3. Learned counsel for the petitioner submits that the petitioner was paid in the proper scale of pay. The petitioner was granted 3% additional increment on performing the job of the headmaster of the school upon upgradation of the same. 4. Prayer has been made to direct the respondents to refund the amount deposited by him along with interest. 5. Reliance has been placed on an order passed by this Court on August 4, 2026 in WPA No.16996 of 2026 (Amar Krishna Mandal v. The State of West Bengal & Ors.). 6. Reliance has also been placed on the order passed by this Court on July 13, 2026 in WPA No.14879 of 2022 (Bimal Kumar Mandal v. The State of West Bengal & Ors.) wherein the Court took note of the judgment passed by the Hon’ble Supreme Court in the matter of State of Punjab & Ors. v. Rafiq Masih (White Washer) & Ors. reported in (2015) 4 SCC 334. 7. Upon hearing the submissions made on behalf of both the parties and on perusal of the documents placed before this Court, it appears that the petitioner was paid additional increment 2 relying upon the memo issued by the authority. The said memo stood withdrawn later on. 8. The issue of withdrawal of the 2010 notification in the year 2017 was challenged before the Court and the Hon’ble Division Bench on 7th January 2025 in FMA 981 of 2022 with IA No. CAN 1 of 2022 in the matter of Samarendranath Adak v. The State of West Bengal & Ors. was pleased to set aside and quash the impugned notification dated 22nd March 2017. 9. The Hon’ble Division Bench was pleased to hold that the teacher would be entitled to grant of 3% additional increment in terms of ROPA 2009 with effect from the date of appointment as headmaster or from the date of upgradation of the school, whichever is earlier. 10. On setting aside of the 2017 notification by which the petitioner was found to be drawing excess amount, the right of the petitioner to receive 3% additional increment in terms of the 2010 notification revived. 11. As the Hon’ble Division Bench already held that the teacher would be entitled to receive 3% additional increment, accordingly, the question of refund of any excess amount does not arise at all. 12. Moreover, the Hon’ble Supreme Court in the matter of Rafiq Masih (supra) laid down that recovery from retired employees and from employees who are due to retire within one year of the order of recovery is impermissible. 13. Accordingly, on both the aforesaid grounds, the direction passed by the authority to refund excess amount cannot be sustained in the eye of law. The same is set aside. 14. As the petitioner already refunded the amount found to be in excess of his entitlement immediately prior to his retirement, accordingly, the amount refunded by the petitioner is required to be returned to him. His pay is required to be refixed. 15. The instant writ petition is disposed of by directing the District Inspector of Schools (S.E.), South 24 Parganas to refix the scale of pay of the petitioner. A Revised Pension Payment Order shall be issued by the Director of Pension and Provident Fund and Group Insurance. 3 16. The authority shall disburse the arrears of pay to the petitioner in terms of the said refixation. The amount refunded by the petitioner on account of overdrawn, shall also be returned to him. 17. Steps shall be taken in the matter at the earliest. All payments including the refund shall be made positively within a period of four months from the date of refixation. 18. The writ petition stands disposed of. 19. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court. 20. Certified server copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)