BASANTA KUMAR SARMA Vs. STATE OF ASSAM AND 6 ORS
LAWS(GAU)-2018-11-120
HIGH COURT OF GAUHATI
Decided on November 30,2018

Basanta Kumar Sarma Appellant
VERSUS
State Of Assam And 6 Ors Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Mr. P.K. Das, learned counsel for the petitioner. Also Mr. S.P. Bhattacharjee, learned Standing Counsel for the Elementary Education Department, as well as Mr. P. Nayak, learned counsel for the Finance Department and Mr. K. Nayak, learned counsel for the Pension Department.
(2.) The petitioner who was working as a Head teacher in Pragati L.P. School retired from service on 01.08.2013. After his retirement, when the matter was processed for payment of his pensionery benefits vide the order/communication dated 22.05.2017 of the Finance & Account Officer, Directorate of Pension addressed to the Deputy Inspector of Schools, Guwahati, it was provided that his pay on 01.04.1990 is to be fixed at Rs.1345/- per month instead of Rs.1375/-. Therefore, vide the aforesaid communication, the Deputy Inspector of School, Guwahati was required to recover the excess amount paid to the petitioner.
(3.) The said order/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 over payment that was paid to an employee during his/her service period for no fault of his/her own.;


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