NAGENDRA NATH DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Saikia, learned counsel for the petitioner. Also heard Ms. N. Phukan, learned counsel for the respondents No. 1 and 6, Mr. B. Deuri, learned counsel for the respondents No. 2 and 3, Mr. A. Hasan, learned counsel for the respondent No.5 and Mr. B. Gogoi, learned counsel for the respondent No.4.

(2.) The petitioner who was working as an Assistant Teacher, in Dhunaguri Kutum Prathamik Vidyala in the district of Lakhimpur retired from service on attaining the age of superannuation on 31.05.2018. After his retirement, when the matter was processed for payment of his pensionery benefits, the communication dated 13/05/2019 of the Finance and Accounts Officer in the office of the Directorate of Pension, Assam was made addressed to the Deputy Inspector of Schools, Dhakuakhana, 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 hisown.