BAHARUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. M. Barbhuiya, the learned counsel appearing on behalf of the petitioner and Mr. B. Kaushik, the learned Standing counsel appearing on behalf of the Elementary Education Department. I have also heard Mr. R. Borpujari, the learned Standing counsel appearing on behalf of the Finance Department and Mr. S. R. Baruah, the learned Standing counsel appearing on behalf of the Director of Pension.

(2.) Both the writ petitions being connected are taken up for disposal vide the common judgment and order. The facts of the instant case is that the petitioner was initially appointed as Stipendiary Teacher on 17/11/1999 on a fixed pay of Rs.900.00. The petitioner underwent Basic Training Course and got the regular scale of pay w.e.f. 17/1/2006. Thereupon, the petitioner retired on 10/8/2021 as per the retirement notice issued by the Block Elementary Education Officer Paschim Nalbari of Nalbari District. After his retirement, his pension papers were duly sent to the Director of Pension. The Block Elementary Education Officer, Paschim Nalbari issued a communication dtd. 13/9/2021 to the petitioner whereby it was mentioned that there was excess drawal of monthly salary for the period from 1/2/2018 to 30/6/2021 i.e. an amount of Rs.17,07,100.00 and the petitioner was asked to pay the said amount through treasury challan and submit the challan copy within a short period for preparation of the pension etc. Being aggrieved by the said communication dtd. 13/9/2021, the petitioner has approached this Court challenging the said communication and with a direction upon the respondent authorities to release the pension of the petitioner without recovery and/or repayment in accordance with law.

(3.) It appears from records that the said writ petition i.e. WP(C) No.4936/2021 was filed on 20/9/2021 and this Court vide an order dtd. 28/9/2021 issued notice making it returnable by 6 (six) weeks and in the interim directed the respondent authorities that the alleged excess payment of the salary shall not be recovered until further orders. The record reveals that the respondents have not filed any affidavit in WP(C) No.4936/2021. It further appears that the petitioner had filed an Interlocutory Application i.e. I.A.(Civil) No.1828/2021 for a direction upon the respondents to release the provisional pension of the petitioner till the disposal of the WP(C) No.4936/2021. Vide an order dt. 11/11/2021, this Court disposed of the said Interlocutory Application with a direction upon the Elementary Education Department to process and arrive at their decision as to at what rate the petitioner would be entitled to provisional pension and thereupon to pay the provisional pension from the month of December, 2021 onwards. It further appears that there was another Interlocutory Application which was filed by the petitioner being I.A.(Civil) No. 2177/2022 with a prayer to direct the official respondents to release the pensionary benefits of leave salary, gratuity and GP fund and other benefits to the petitioner as admissible under law. The said application however is still pending.