UPENDRA NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Roy, learned senior counsel for the petitioner assisted by Mr. A J Atia, learned counsel. Also heard Mr. NC Phukan, learned Addl. Senior Govt. Advocate appearing on behalf of the State of-Assam.

(2.) The legality and validity of the impugned order dated 30.12.98 issued by the Director of Pension, Assam to (he Director of Secondary Education, Assam, directing to recover the excess drawal of pay by the petitioner while holding the charge of the higher post of Headmaster has been challenged in this writ petition.

(3.) The facts briefly stated are that the petitioner was appointed as Asstt. Head Master on 19.3.59 in Choukhunty High School in the district of Barpeta. on 22.3.77 the petitioner was regularly selected for Headmaster but instead of absorbing him as full fledged Headmaster, on 6.3.91 the petitioner was allowed to hold the charge of Headmaster of the School in which he had been working; in addition to his own duties of Asstt. Headmaster. While he was continuing; as in-charge Headmaster, on 6.10.95 the petitioner was allowed to officiate as Headmaster in the said school in the pay scale of Rs 1785-4200/- per month as prescribed for headmaster's salary. In the meantime while the petitioner was officiating as Headmaster in the said school , he retired on 28.2. 95 from [his service on superannuation.