AMIR UDDIN LASKAR Vs. STATE OF ASSAM AND 4 ORS
LAWS(GAU)-2018-6-79
HIGH COURT OF GAUHATI
Decided on June 13,2018

Amir Uddin Laskar Appellant
VERSUS
State Of Assam And 4 Ors Respondents

JUDGEMENT

Michael Zothankhuma, J. - (1.) Heard Mr. O. Laskar, learned counsel for the petitioner who submits that the petitioner retired from service as Assistant Teacher on 31.12.2013 from the erstwhile Algapur ME School, which after amalgamation, has now been renamed as Monteswar Ali Mazumdar Memorial High School .
(2.) The petitioner is aggrieved with the proposal of the respondents to recover a sum of Rs.80,871/- from the petitioner's pension and other retirement benefits, vide letter dated 23.05.2017, issued by the Office of the Director of Pension and letter dated 20.03.2018, issued by the office of the District Elementary Education Officer, Cachar, Silchar.
(3.) The petitioner's counsel submits that the proposal for recovery of the alleged excess pay by the respondents is based on an erroneous assumption by the respondents that the petitioner's increment was wrongly given from 01.10.1981 instead of 01.01.1982. He submits that such assumption made by the respondents is not correct. The petitioner has also submitted representation giving explanation as to how there was no mistake committed by the respondents in granting him increments w.e.f. 01.10.1981 on the basis of the revision of pay on 01.01.1981. However, the State respondents have not acted upon the petitioner's representation till date. He also submits that the petitioner being a Grade-III employee, there can be no recovery of any excess payment made to the petitioner 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.;


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