GHANASHYAM SAIKIA Vs. STATE OF ASSAM AND 5 ORS
LAWS(GAU)-2018-5-7
HIGH COURT OF GAUHATI
Decided on May 02,2018

Ghanashyam Saikia Appellant
VERSUS
State Of Assam And 5 Ors Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Mr. C. Goswami, learned counsel for the petitioner, Mr. G. Baishya, learned counsel appearing for the respondent No.2, Mr. K. Nayak, learned Additional Senior Government Advocate appearing for the respondent No.3, Mr. N. Sarma, learned Standing Counsel for the Education Department appearing for the respondent Nos. 1, 4 and 5 and Mr. P. Nayak, learned counsel appearing for the respondent No.6.
(2.) The petitioner earlier served as the Headmaster of Deoram Takoe Tribal High School and he had superannuated from his service on 31.12.2015. When the matter was processed for payment of his pensionery benefits, the communication dated 21.04.2017 of the Finance and Accounts Officer in the Directorate of Pension, Assam was made addressed to the District Elementary Education Officer, North Lakhimpur, by which it was provided that during his service tenure, the petitioner was paid a salary of Rs.1515/- per month, whereas his actual salary ought to have been Rs.1475/- per month. Accordingly, by the said communication, the District Elementary Education Officer was required to do the needful for recovery of the excess payment made from the pensionery 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 pensionery 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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