MISBAH UDDIN LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M Dutta, learned counsel for the petitioner, Mr. NJ Khataniar, learned standing counsel for the Elementary Education Department of the Government of Assam, Mr. B Gogoi, learned counsel for the Finance Department and Mr. B Deori, learned Government Advocate for the Pension Department.

(2.) The petitioner who was working as a Headmaster of Majur tilla ME School in the district of Hailakandi, Assam retired from service on attaining the age of superannuation on 31.12.2017. After his retirement, when the matter was processed for payment of his pensionery benefits, the communication dated 22.05.2020 of the Finance and Accounts Officer in the office of the Directorate of Pension, Assam was made addressed to the District Elementary Education Officer, Hailakandi, 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 District Elementary Education Officer, Hailakandi, Assam 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.