RAHENDRA NATH BRAHMA Vs. STATE OF ASSAM AND 5 ORS
HIGH COURT OF GAUHATI
Rahendra Nath Brahma
State Of Assam And 5 Ors
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Achintya Malla Bujor Barua, J. -
(1.) Heard Mr. P.K. Das, learned counsel for the petitioner. Also Mr. N. Sarma, learned Standing Counsel for the Secondary Education Department, as well as Mr. R. Borpujari, learned counsel for the Finance Department and Ms. M.D. Bora, learned counsel for the Pension Department.
(2.) The petitioner who was appointed as an Assistant Teacher in the Dotma Girls M.E. School retired from service on 31.07.2016. After his retirement, when the matter was processed for payment of his pensionery benefits vide the order/communication dated 04.05.2017 of the Finance & Account Officer, Directorate of Pension addressed to the Inspector of Schools, Kokrajhar, it was provided that during his service tenure the petitioner was paid the graduate scale of pay instead of intermediate scale of pay. Therefore, vide the aforesaid communication, the Inspector of School, Kokrajhar was required to do the needful to recover the excess amount paid to the petitioner.
(3.) The said order/communication has been assailed in this writ petition on the ground that as per the law laid down by the Hon'ble Supreme Court, recovery from the pensionery benefits cannot be made in respect of any over payment that was paid to an employee during his/her service period for no fault of his/her own.;
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