ABDUS SOBUR PRODHANI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Ahmed, the learned counsel appearing on behalf of the petitioner and Mr. P. Nayak, the learned Standing counsel appearing on behalf of the respondent Nos. 1, 2 and 3. I have also heard Mr. R. K. Talukdar, the learned Standing counsel appearing on behalf of the respondent No. 4 and Mrs. A. Talukdar, the learned Standing counsel appearing on behalf of the respondent Nos. 5 and 6.

(2.) The case of the petitioner herein is that the petitioner was initially appointed as a Grade-IV employee in the Office of the Sub-Divisional Officer (Civil), Hatsingimari, vide order No. HSM/E-4/83/183 dtd. 10/4/1986. Pursuant to the said order, the petitioner had joined his service on 10/4/1986. By another order bearing No. HSM/E-4/83/171 dtd. 25/6/1986, the petitioner was allowed to work as Grade-IV employee in the Office of the Sub-Divisional Officer, (Civil), Hatsingimari. In the year, 1989, the petitioner was promoted as Process Server. Subsequent thereto, the petitioner had retired from his services as Jarikarak from Tahsil Office, South Salmara on 30/6/2017. Upon retirement from his service, the petitioner received the amount from his G.P.F. account as well as other pensionary benefits. The petitioner was drawing/getting the provisional pension as per the rules holding the field. It is further mentioned that the Office of the Deputy Commissioner, South Salmara, Mankachar has submitted the pension papers of the petitioner to the Office of the Principal Accountant General (A&E) Assam, Beltola, vide letter No.HPE.34/2017/15 dtd. 29/5/2018. On receiving the pension papers of the petitioner, the Office of the Principal Accountant General (A&E) Assam, Beltola issued a letter dtd. 10/8/2018 requesting to make necessary correction of pay of the petitioner. By the said letter the Senior Accounts Officer, Office of the Principal Accountant General (A&E) Assam, Beltola returned the Service Book and other related pension papers in original and requested to re-submit after complying with the observations made in the said letter dtd. 10/8/2018.

(3.) In response to the said letter, the Deputy Commissioner, South Salmara, Mankachar, Hatisingimari had issued a letter dtd. 12/6/2020 seeking necessary approval to the stepping up of pay of the petitioner from the Joint Secretary to the Government of Assam, General Administrative Department. It appears that nothing happened at the end of the General Administrative Department. Subsequent thereto, vide another communication dtd. 2/6/2022 addressed to the Accountant General, Assam, the Additional Deputy Commissioner, South Salmara had observed that the pay of the petitioner was wrongly fixed at Rs.2,950.00 instead of Rs.2,770.00 and the aforesaid wrong fixation of pay has now been corrected/rectified and in that regard, statement of excess drawal of pay from 12/12/1997 to 30/6/2017 and excess drawing of Leave Encashment benefit have also been prepared. It was mentioned that there was an occasion when the pay of the petitioner was stepped up from Rs.2,770.00 to Rs.2,950.00 w.e.f. 12/12/1997 vide order dtd. 5/8/2000 and the same was done without the approval of the Finance Department which have been re-fixed without stepping up of the pay and the excess drawal of pay of the incumbent is clearly indicated in the statement. It was further mentioned that it appears from the statement that the petitioner has drawn an excess amount of Rs.1,68,838.00 including leave encashment benefit and it is mentioned in Form-19 which may be adjusted from arrear pension of the petitioner. On the basis thereof, the pension papers of the petitioner were re- submitted with a request to issue final pension payment order in terms with the above. Being aggrieved by the same, the petitioner has approached this Court under Article 226 of the Constitution.