DURGESWAR DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) An identical question being involved in the both the writ petitions, the same are taken up together for disposal by this common judgment and order.

(2.) The petitioners (one in each of the writ petitions) have filed the applications under Article 226 of the Constitution of India being aggrieved by the action of the respondent authorities in recovering the excess drawal from their pensionary dues. In brief the admitted case of the petitioners is that due to wrong calculation at the time of revision of pay scale, a higher pay was given to the petitioners till they had retired. However, after detection of the said anomaly, the recovery orders have been passed and the recoveries made which is the subject matter of challenge.

(3.) Before going into the issue to be decided, the facts of the respective cases are required to be stated in brief.