REHENA BEGUM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. BP Borah, learned counsel for the petitioner. Also heard Mr. B. Kaushik, learned standing counsel for the Secondary Education Department, Government of Assam, Ms. D.D. Barman, learned counsel for the authorities in the Pension Department as well as Mr. A. Chaliha, learned Standing counsel, Finance Department.

(2.) The petitioner is the wife of Late Sona Baba Ali who was an Assistant Teacher in 6 No. Salaguri Balok Practising LP School and he retired from service on 31.10.2017. The husband of the petitioner died on 06.08.2021.

(3.) The petitioner is aggrieved by the order dated 20.11.2018 of the Finance and Accounts Officer in the office of the Directorate of Pension by which it was provided that the husband of the petitioner was entitled to a salary of Rs. 1,475/- per month but was paid Rs. 1,515/- per month and therefore the excess amount is to be recovered. Any amount of recovery from the husband of the petitioner would have to be construed to be a liability of the deceased husband of the petitioner. After the death of the husband of the petitioner as the recovery order can be construed to be liability of her deceased husband, we have to accept that the right to sue and be sued in respect of such recovery against the deceased husband of the petitioner survives and therefore, as a legal heir the petitioner has the locus-standi to assail the same.