SHANKAR NATH Vs. STATE OF ASSAM AND 6 ORS
LAWS(GAU)-2018-6-52
HIGH COURT OF GAUHATI
Decided on June 15,2018

SHANKAR NATH Appellant
VERSUS
State Of Assam And 6 Ors Respondents

JUDGEMENT

Michael Zothankhuma, J. - (1.) Heard Mr. KR Patgiri, learned counsel for the petitioner. Also heard Ms. RB Bora, learned counsel for the respondent Nos. 2 and 4. Mr. A Deka, learned counsel appears for the respondent Nos. 1, 3 and 5 and Mr. P Nayak, learned counsel appears for the respondent No.6. Ms. K Devi, learned counsel appears for the respondent No.7.
(2.) The petitioner is aggrieved by the order dated 31.07.2014, by which the said respondents have recovered Rs.95,598/- from the retirement benefits of the petitioner, on the ground of excess drawal of salary by the petitioner during his service period. The petitioner's counsel submits that the petitioner, being a retired Grade-III employee, the State respondents could not have recovered the excess drawal of salary in view of the law laid down by the Apex Court in the case of State of Punjab & Ors. vs Rafique Masih (White Washer) & ors, 2015 4 SCC 334 and also in the case of Shyam Babu Verma vs- Union of India & Ors, 1994 2 SCC 521.
(3.) The counsel for the respondents fairly admit that the present case is covered by the Judgments of the Apex Court mentioned above.;


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