INDRA KANTA PEGU Vs. STATE OF ASSAM AND 6 ORS TO BE REP BY COMMISSIONER AND SECRETARY
HIGH COURT OF GAUHATI
Indra Kanta Pegu
State Of Assam And 6 Ors To Be Rep By Commissioner And Secretary
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Achintya Malla Bujor Barua, J. -
(1.) Heard Mr. C. Goswami, learned counsel for the petitioner, 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 earlier served as the Headmaster of Rangali Reserve ME School and he had superannuated from his service on 30.09.2015. When the matter was processed for payment of his pensionery benefits, the communication dated 07.12.2017 of the Finance and Accounts Officer in the Directorate of Pension, Assam was made addressed to the District Elementary Education Officer, 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.1435/- 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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