JATINDRA NATH ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M Islam, learned counsel for the petitioner. Also heard Mr. SR Barua, learned Government Advocate, Mr. A Chaliha, learned standing counsel for the Finance Department, Ms. RB Bora, learned counsel for the BTC and Mr. SMT Chisti, learned counsel for the Secondary Education Department of the Government of Assam.

(2.) The petitioner was working as Assistant Teacher of Athiabari Vidya Mandir HS School in the Baksa district and he retired from service on attaining the age of superannuation on 31.08.2018. After his retirement, when the matter was processed for payment of her pensionery benefits, the communication dated 22.05.2020 of the Finance and Accounts Officer, Directorate of Pension; Assam was made addressed to the Inspector of Schools, Mushalpur, 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 Inspector of Schools, Mushalpur 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.