SHARMILA ROY DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B.D. Das, the learned Senior Counsel assisted by Mrs.R. Deka, the learned counsel for the petitioner, Mr. K.Gogoi and Mr. D Upamanyu, the learned counsels appearing on behalf of the Higher Secondary Department, Mr. R.K. Talukdar, the learned counsel appearing on behalf of the Accountant General (A and E) and Mr. R. Borpujari, Advocate appearing for the Treasury Officer. None appears on behalf of the respondent No. 3 although service has been duly meted upon the said respondent.

(2.) The issue involved in the instant writ petition is as to whether the respondents in the Higher Education Department can recover from the retiral benefits of the petitioner, the salary for the period from 1/11/2021 to 31/10/2022 on the basis of a communication dtd. 14/11/2021 issued by the Senior Accounts Officer of the Office of the Principal Accountant General (A and E).

(3.) The brief facts of the instant case is that the petitioner herein was appointed as an Assistant Professor in the Department of English by an order dtd. 26/12/1988 on the basis of the selection made by the authorities pursuant to an advertisement. At the time of joining the petitioner submitted her Admit Card issued by the Board of Secretary, Education, Assam showing her date of birth as on 1/3/1978 as 16 years 4 months 27 days.