BIRENDRA KUMAR DEKA Vs. STATE OF ASSAM AND 6 ORS THROUGH COMM AND SECY TO GOVT OF ASSAM
HIGH COURT OF GAUHATI
Birendra Kumar Deka
State Of Assam And 6 Ors Through Comm And Secy To Govt Of Assam
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Achintya Malla Bujor Barua, J. -
(1.) Heard Mr. A. Hassan, 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, Mrs. R.B Bora, learned counsel appearing for the Pension Department.
(2.) The petitioner was working as an Assistant Teacher at Bongaon Higher Secondary School, and he retired from service on attaining the age of superannuation on 30.04.2013. After his retirement, when the matter was processed for payment of his pensionary benefits, the communication dated 31.07.2014 of the Finance and Accounts Officer in the Directorate of Pension, Assam was made addressed to the Inspector of Schools, Nalbari, by which it was provided that during his service tenure, the petitioner was paid a salary higher than his actual scale, where his actual salary ought to have been Rs.1785/- per month instead of Rs.1835/- per month. Accordingly, by the said communication, the Inspector of Schools, Nalbari was required to do the needful for recovery of the excess payment made from the pensionary benefits of the petitioner.
(3.) The 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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