KANIKA PATHAK Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. M Barman, learned counsel for the petitioner, Mr. B KAushik, learned standing counsel for the Elementary Education Department of the Government of Assam, Mr. B Choudhury, learned counsel for the Finance Department and Mr. B Deori, learned Government Advocate.

(2.) The husband of the petitioner who was working as a Assistant Teacher of Chanbari Khuti Lower Primary School in the district of Baksa, Assam died in harness on 11.06.2019. After his death, when the matter was processed for payment of his pensionery benefits, the communication dated 05.10.2020 of the Finance and Accounts Officer in the office of the Directorate of Pension, Assam was made addressed to the Deputy Inspector of Schools, Mushalpur in the Baksa district, Assam, by which, it was provided that during his service tenure, the husband of the petitioner was paid a salary higher than his actual scale. Accordingly, by the said communication, the Deputy Inspector of Schools, Mushalpur in the district of Baksa, 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.