NIRANTA KUMAR BAISHYA Vs. STATE OF ASSAM AND 5 ORS
LAWS(GAU)-2018-10-33
HIGH COURT OF GAUHATI
Decided on October 05,2018

Niranta Kumar Baishya Appellant
VERSUS
State Of Assam And 5 Ors Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Mr. R. Sarma, learned counsel for the petitioner. Also heard Mr. B. Gogoi, learned Standing Counsel for the Finance Department, Mr. N. Sarma, learned Standing Counsel for the Elementary Education Department and Ms. D.D. Barman, learned Additional Senior Government advocate appearing for the Pension Department.
(2.) The petitioner was working as a Headmaster of Balabhaban Purba Bharati M.E. School, Nalbari and he retired from service on attaining the age of superannuation on 31.01.2014. After his retirement, when the matter was processed for payment of his pensionary benefits, the communication dated 11.01.2017 of the Finance and Accounts Officer in the Directorate of Pension, Assam was made addressed to the District Elementary Education Officer, Nalbari by which it was provided that during his service tenure, the petitioner was paid a salary higher than his actual scale, where his actual salary ought to have been Rs. 560/- per month instead of Rs. 620/- per month. Accordingly, by the said communication, District Elementary Education Officer, Nalbari was required to do the needful for recovery of the excess payment made from the pensionary benefits of the petitioner.
(3.) The said 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 pensionary benefits cannot be made in respect of any salary that was paid to an employee during his service period for no fault of his own.;


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