MD MAHIBULLA ALI Vs. STATE OF ASSAM AND 5 ORS REP BY COMMISSIONER AND SECRETARY
LAWS(GAU)-2018-4-1
HIGH COURT OF GAUHATI
Decided on April 02,2018

Md Mahibulla Ali Appellant
VERSUS
State Of Assam And 5 Ors Rep By Commissioner And Secretary Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Mr. A Chamuah, learned counsel for the petitioner. Also heard Mr. B. Gogoi, learned Standing Counsel for the Finance Department, Mr. S.P Bhattacharjee, learned Standing Counsel for the Elementary Education Department, Mr. K. Nayak, leanred counsel appearing for the Pension Department and Ms. P. Bora, learned counsel appearing for the Accountant General, Assam.
(2.) The petitioner joined in the Navarupa Girls' ME School Rangia on 04.03.1979. Thereafter, the said school was provincialised by the order dated 01.01.1986. The petitioner served as the founder Headmaster of the said school and had superannuated from his service on 30.10.2015. When the matter was processed for payment of his pensionary benefits, the communication dated 20.10.2017 of the Finance and Accounts Officer in the Directorate of Pension, Assam was made addressed to the District Elementary Education Officer, Amingaon, by which it was provided that during his service tenure, the petitioner was paid a salary of Rs.620/- per month, whereas his actual salary ought to have been Rs.560/- 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 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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