KIRAN CHANDRA MASHAHARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. M. Barman, learned counsel for the petitioner. Also heard S. Neogi, learned counsel for the Secondary Education Department, Mr. B Deuri, learned State counsel for the authorities in the Pension Department as well as Mr. A Chaliha, learned Standing counsel, Finance Department.

(2.) The petitioner was initially appointed as a Assistant Teacher in the second post in Bodo medium of Subankhata M.E. School in the year 1983 with a fixed pay at Rs.525/-. Thereafter, vide office order memo No. For/05/3344 - 48 dated 27.10.2005 the Subankhata M.E. School was amalgamated with Subankhata High School and the salary of the petitioner was re-fixed at Rs.3,053/- per month w.e.f. 16.05.2005. Subsequently, the petitioner retired from service on attaining the age of superannuation on 31.03.2019. After his retirement, the petitioner applied for the retirement benefits and pension before the authority.

(3.) The Finance & Accounts Officer in the Directorate of Pension, Assam had made a communication dated 11/11/2019 to the Inspector of Schools, Mushalpur that the petitioner who was working as Assistant Teacher was upgraded to graduate scale by virtue of amalgamation which is impressible and hence there was an excess payment of Rs.3,90,416/-.