BIMALA BARMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Islam, learned counsel for the petitioner. Also heard Mr. B. Kaushik, learned counsel for respondent No.1, Mr. B. Gogoi, learned counsel for the respondent No.2, Mr. B. Deuri, learned counsel for the respondent No.4, Mr. B. Choudhury, learned counsel for the respondents No.3, 5 & 6.

(2.) The petitioner who was working as a Assistant Teacher of B.K. Bhandari Sishu L.P. School in the district of Baksa, Assam retired from service on attaining the age of superannuation on 31.03.2017. After her retirement, when the matter was processed for payment of her pensionery benefits, the communication dated 30.04.2020 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 her service tenure, the petitioner was paid a salary higher than her 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 her service period for no fault of her own.