NANDA NATH DUTTA Vs. STATE OF ASSAM AND 6 ORS
LAWS(GAU)-2018-4-46
HIGH COURT OF GAUHATI
Decided on April 25,2018

Nanda Nath Dutta Appellant
VERSUS
State Of Assam And 6 Ors Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Mr. BK Das, learned counsel for the petitioner. Also heard Mr. P Nayak, learned Standing Counsel for the Finance Department, Mr. N Sarma, learned Standing Counsel for the Secondary Education Department, Mr. K. Nayak, learned counsel appearing for the Pension Department and Ms. P. Bora, learned counsel appearing for the Accountant General, Assam.
(2.) The petitioner, who was working as a Headmaster in the Namoni Borkhamukh LP School had superannuated from service on 31.01.2015. When the matter for payment of his pensionary benefits was processed, a communication dated 29.05.2017 of the Finance and Accounts Officer in the Directorate of Pension, Assam was made to the Deputy Inspector of Schools, Dhakuwakhana, wherein it was provided that during his service tenure, the petitioner was paid a salary of Rs.537/- per month, whereas his actual salary ought to have been Rs.525/- per month. Accordingly, by the said communication, the Deputy Inspector of Schools 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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