MRINAL KANTI ACHARYYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M Islam, learned counsel for the petitioner. Also heard Mr. B Deori, learned Government Advocate, Mr. B Gogoi, learned standing counsel for the Finance Department, Mr. B Kaushik, learned counsel for the Elementary Education Department of the Government of Assam and Ms. RB Bora, learned counsel for the respondents in the BTC.

(2.) The petitioner was working as Head Teacher of Khairani LP School under DEEO, Baksa and he retired from service on attaining the age of superannuation on 30.09.2018. After his retirement, when the matter was processed for payment of his pensionery benefits, the communication dated 29.06.2020 of the Deputy Inspector of Schools, Musalpur, Baksa was made addressed to the Director of Education, BTC, Kokrajhar, 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 Director of Education, BTC, Kokrajhar 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.