NARESWAR BHARALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Saikia, learned counsel for the petitioner. Also heard Mr. A. Phukan, learned counsel for the Elementary Education Department, Mr. S.R. Barua, learned counsel for the respondents No. 2 and 3 as well as Mr. A. Chaliha, learned counsel for the respondent Finance Department and Mr. S.K. Hazarika, learned counsel for the respondent No.5.

(2.) The petitioner who was working as a Headmaster of Karanga Balijan L.P. School in the district of Lakhimpur under Dhakuakhana Block retired from service on attaining the age of superannuation on 30.11.2013. After his retirement, when the matter was processed for payment of her pensionery benefits, the communication dated 09.02.2018 of the Finance and Accounts Officer in the office of the Director of Pension, Assam was made addressed to the Deputy Inspector of Schools, Dhakuakhana Assam, 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 Deputy Inspector of Schools, Dhakuakhana, 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.