KESHAB CH DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R Chetri, learned counsel for the petitioner. Also heard Mr. SS. Roy, learned Junior Government Advocate, Mr. B. P Naik, learned standing counsel for the Finance Department and Mr. R Dhar, learned counsel for the Accountant General, Assam.

(2.) The petitioner was working as Constable of Assam Police and he retired from service on attaining the age of superannuation on 28.02.2018. After his retirement, when the matter was processed for payment of his pensionery benefits, the communication dated 13.02.2019 of the Senior Accounts Officer in the office of the Accountant General (A &E), Assam was made addressed to the Additional Director General of Police (M &L), Assam, by which, it was provided that during his service tenure, the petitioner was paid a salary higher than his actual scale. Accordingly, by the said communication, the Additional Director General of Police, Assam 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.