BENYAMINI MACHHA Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) PETITIONER has approached this Court for issuance of direction upon the opposite parties challenging action of recovery of sum of Rs. 23,280/ - from the arrear pension on the ground he has drawn excess salary for two years.

(2.) CASE of the petitioner is that he after discharging his service as Primary School Teacher under the District Inspector of Schools, Malkangiri -I Education district separated from service w.e.f. 30.6.1985 on attaining age of superannuation.

(3.) CONTENTION of the petitioner that there is misrepresentation on the part of the petitioner and till 30.6.1988 availed salary on account of judgment rendered in the case of Rama Chandra Das v. State of Orissa and others, reported in Vol., 65(1985)CLT 253 by which it has been held that Non Government Aided Primary School Teachers appointed prior to 15.3.1986 shall continue in service till 60th years of age or till 15.3.1986 whichever is earlier. Hence continuance of petitioner in service after 58 years of age cannot be said to be illegal.