LILAWATI PEGU Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. PK Das, learned counsel for the petitioner. Also heard Mr. B Deori, learned Government Advocate, Mr. A Chaliha, learned standing counsel for the Finance Department and Mr. PN Sharma, learned counsel for the Elementary Education Department of the Government of Assam.

(2.) The petitioner was working as Head Teacher of 186 No. Salmarapara LP School in the district of Majuli and she retired from service on attaining the age of superannuation on 28.02.2015. After her retirement, when the matter was processed for payment of her pensionery benefits, the communication dated 23.09.2019 of the Finance and Accounts Officer, Directorate of Pension; Assam was made addressed to the Deputy Inspector of Schools, Majuli, by which, it was provided that during her service tenure, the petitioner was paid a salary higher than her actual scale. Accordingly, by the said communication, the Deputy Inspector of Schools, Majuli was required to do the needful.

(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 pensionery 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.