DILIP CHETIA Vs. STATE OF ASSAM AND 7 ORS
HIGH COURT OF GAUHATI
State Of Assam And 7 Ors
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Achintya Malla Bujor Barua, J. -
(1.) Heard Mr. P.K. Borah, 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 Elementary Education Department, Mr. K. Nayak, learned counsel appearing for the Pension Department.
(2.) The petitioner was working as a Head Teacher of Harhi Chapori LP School under the establishment of Deputy Inspector of Schools, Dhakuwakhana, Lakhimpur, Assam. The petitioner retired from service on attaining the age of superannuation on 31.07.2014. After his retirement, when the matter was processed for payment of his pensionary benefits, the communication dated 21.01.2017 of the Finance and Accounts Officer in the Directorate of Pension, Assam was made addressed to the Deputy Inspector of Schools, Dhakuwakhana, by which it was provided that during his service tenure, the petitioner was paid a salary higher than his actual scale, whereas his actual salary ought to have been Rs.524/- per month. Accordingly, by the said communication, the Deputy Inspector of Schools, Dhakuwakhana 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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