BHAGWAN RAM CHAUHAN Vs. STATE OF ASSAM AND 4 ORS REP BY COMMISSIONER AND SECRETARY TO GOVT OF ASSAM
LAWS(GAU)-2018-9-74
HIGH COURT OF GAUHATI
Decided on September 12,2018

Bhagwan Ram Chauhan Appellant
VERSUS
State Of Assam And 4 Ors Rep By Commissioner And Secretary To Govt Of Assam Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Ms. B. Bora, learned counsel for the petitioner, Ms. S. Kemprai, learned counsel appearing for the authorities in the KAAC, Mr. N. Sarma, learned Standing Counsel for the Elementary Education Department, Ms. D.D Barman, learned Additional Senior Government Advocate and Mr. B. Gogoi, learned Standing Counsel for the Finance Department.
(2.) The petitioner, who was appointed as the Head Pandit in the Mosoka Hindi LP School in the Karbi Anglong district on 28.07.1979, superannuated from service on 03.07.2013. Upon his retirement, the petitioner was paid a provisional pension @ Rs.9355/- per month till the process of his regular pension was finalized. The Finance and Accounts Officer in the Directorate of Pension, Assam, made a communication dated 24.05.2017 to the District Primary Education Officer, Karbi Anglong, wherein it was provided that the petitioner having been appointed on 01.07.1979, his pay as on 01.01.1981 ought to have been Rs.524/- instead of Rs.536/-. Accordingly, it was ordered that the excess amount drawn by the petitioner during his entire service tenure from 1981 be recovered.
(3.) Accordingly, the District Primary Education Officer, Karbi Anglong district submitted a recovery statement amounting to Rs.2,56,998/- from the petitioner. Subsequently, the Finance and Accounts Officer in the Directorate of Pension had made a further communication dated 10.05.2018 to the District Primary Education Officer, Karbi Anglong that if the excess amount of Rs.2,56,998/- was not due to any misrepresentation or fraud on the part of the petitioner, the concerned recovery be waived. In the circumstance, the Deputy Secretary in the Primary Education Department of KAAC made a communication dated 28.08.2018 to the Commissioner and Secretary to the Government of Assam in the Elementary Education Department that the matter be taken up with the Finance Department of the Government of Assam for waiving the excess amount drawn by the petitioner.;


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