ABDUL MOTLEB PRODHANI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N Choudhury, learned counsel for the petitioner. Also heard Mr. R. Mazumder, learned counsel for the respondents in the Secondary Education Department of the Government of Assam, Mr. B. Gogoi, learned counsel for the respondents in the Finance Department and Mr. Girin Pegu, learned counsel for the Pension Department.

(2.) The petitioner who was working as an Assistant Teacher at Sonahat Senior Madrassa in the district of Dhubri, Assam retired from service on attaining the age of superannuation on 30/9/2018. After his retirement, when the matter was processed for payment of his pensionary benefits, the communication dtd. 28/5/2019 of the Deputy Director of Secondary Education, Assam was made addressed to the Inspector of Schools, Dhubri 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, Dhubri, 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 pensionary 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.