MANJU BORAH Vs. STATE OF ASSAM AND 4 ORS REP BY COMMISSIONER AND SECRETARY
HIGH COURT OF GAUHATI
State Of Assam And 4 Ors Rep By Commissioner And Secretary
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Achintya Malla Bujor Barua, J. -
(1.) Heard Mr. N. Deka, learned counsel for the petitioner. Also Mr. N. Sarma, learned Standing Counsel for the Secondary Education Department, and Mr. K. Nayak, learned counsel for the Pension Department.
(2.) The petitioner who was working as Demonstrator (Chemistry) Palashbari R.B.H.S. & M.P. School, Kamrup(R), retired from service on 31.01.2016. After her retirement, when the matter was processed for payment of her pensionery benefits, vide the order/communication dated 19.04.2018 of the Director of Secondary Education, Assam, an amount of Rs.2,82,113/- was adjusted from the leave encashment benefits of the petitioner. Later on, a communication dated 28.06.2018 was made by the Jt. Director, Secondary Education to the Director of Pension, stating that the total overdrawn amount by the petitioner was Rs.9,97,113/-, out of which, Rs.2,82,113/- was already adjusted and therefore, the balance adjustable amount was Rs.7,15,000/-.
(3.) The said order/communications have 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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