AKHIL KUMAR SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Rajkhowa, learned counsel for the writ petitioner, and Ms. A. Verma, learned Standing Counsel, Finance Department, Government of Assam, appearing on behalf of respondent No. 5. Heard also Mr. C. Baruah, learned counsel for respondent No. 4, and Mr. D. Saikia, learned Standing counsel, Department of Health, Government of Assam, appearing on behalf of respondent Nos. 1, 2 and 3.

(2.) The controversy in this writ petition, filed under article 226 of the Constitution of India, seeking appropriate direction from this court, has arisen out of a decision taken by the respondents to recover, by way of adjustment, a sum of Rs. 1,06,400 from the pension and pensionary benefits of the petitioner. The genesis for the adjustment, which is sought to be made, lies in the letter, dated 11.9.2006, issued by the Joint Director of Health Services, Goalpara, which is, being self-explicit, reproduced below:

(3.) From a bare reading of the order, dated 11.9.2006, aforementioned, what transpires is that the petitioner's pay was fixed, on 22.5.1989, at Rs. 1,185 was Rs. 1,065. As the petitioner has been paid more then what he ought to have received due to inadvertent mistake in fixing his scale, the action for recovery of the excess amount, paid to petitioner, has been initiated by the respondents by deducting the excess amount from the petitioner's pension and pensionary benefits.