MANOJ KUMAR BASUMATARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Islam, learned counsel for the petitioner. Also heard Mr. P.N. Sarma, learned standing counsel for the Elementary Education Department, Government of Assam, Mr. S.R. Barua, learned counsel for the authorities in the Pension Department and Mr. A. Chaliha, learned Standing counsel, Finance Department, Government of Assam as well as Ms. R.B. Bora, learned counsel for the authorities in the BTC.

(2.) The petitioner who was working as a Head Teacher of Bhogpara LP School in the district of Baksa retired from service on attaining the age of superannuation on 31/12/2017. After his retirement, when the matter was processed for payment of his pensionery benefits, the communication dtd. 20/8/2018 of the Finance and Accounts Officer in the Office of the Directorate of Pension, Assam was made, addressed to the Deputy Inspector of Schools, Baksa, by which it was provided that during his service tenure, the petitioner was paid a salary higher than his actual scale of pay. Accordingly, by the said communication, the Deputy Inspector of Schools, Baksa 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.