NIRU DUTTA Vs. STATE OF ASSAM AND 5 ORS
LAWS(GAU)-2018-11-33
HIGH COURT OF GAUHATI
Decided on November 12,2018

Niru Dutta Appellant
VERSUS
State Of Assam And 5 Ors Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Ms. P. Borah, learned counsel for the petitioner. Also Mr. S.P. Bhattacharjee, learned Standing Counsel for the Elementary Education Department, and Ms. M.D. Bora, learned counsel for the Pension Department.
(2.) The petitioner who was working as Head Mistress in Charu Mishing L.P. School, retired from service on 09.10.2016. After her retirement, when the matter was processed for payment of her pensionery benefits vide the order/communication dated 15.06.2018 of the Finance & Account Officer, Directorate of Pension addressed to the Deputy Inspector of School, Golaghat, it was provided that the petitioner was paid her salary upto July, 2016, but the petitioner ought to have retired on 31.12.2015. Therefore, vide the aforesaid communication the Deputy Inspector of School, Golaghat was required to recover the excess amount paid to the petitioner due to her over stay in service.
(3.) The said order/communications have 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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