DIMBESWAR SAHARIA Vs. STATE OF ASSAM AND 4 ORS
LAWS(GAU)-2018-11-16
HIGH COURT OF GAUHATI
Decided on November 12,2018

Dimbeswar Saharia Appellant
VERSUS
State Of Assam And 4 Ors Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Mr. S. Chakraborty, learned counsel for the petitioner, Mr. SP Bhattacharjee, learned Standing Counsel for Secondary Education Department and Ms. M.B Bora, learned State Counsel appearing for the Pension Department.
(2.) The petitioner, who was working as an Assistant Teacher of Bindha Anchalik High School, retired from service on attaining the age of superannuation on 31.12.2016. After his retirement, when the matter was processed for payment of pensionery benefits, the communication dated 27.08.2018 of the Finance and Accounts Officer in the Directorate of Pension, Assam was made addressed to the Inspector of Schools, Amingaon/Guwahati, by which it was provided that during his service tenure, the petitioner was paid a salary higher than his actual scale. Accordingly, by the said communication, the Inspector of Schools, Amingaon, Guwahati 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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