BABUL CHANDRA BORO Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P K Das, learned counsel for the petitioner. Also heard Mr. S M T Chistie, learned counsel for the respondents no. 1, 2 and 3 being the authorities under the Secondary Education Department, Government of Assam, Mr. P Saikia, learned counsel for respondents no. 4 and 5 being the authorities in the Pension Department as well as Mr. B Gogoi, learned counsel for the respondent no. 6 being the authorities in the Finance Department.

(2.) The petitioner was working as Assistant Teacher of Dhamdhama Higher Secondary School, Nalbari and he retired from service on attaining the age of superannuation on 30.04.2019. After his retirement, when the matter was processed for payment of his pensionery benefits, the communication dated 19.05.2020 of the Finance and Accounts Officer in the office of the Directorate of Pension, Assam was made addressed to the Inspector of Schools, Nalbari, 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 Inspector of Schools, Tinsukia, 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.