SUKHALATA PHUKAN GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. P Baruah, learned counsel for the petitioner. Also heard Mr. K Gogoi, learned counsel representing the Higher Education Department and Mr. SK Medhi, learned standing counsel for the Accountant General (A&E)

(2.) The petitioner who retired as Principal from Murkong Selek College, Jonai as Lecturer on 31/12/2018 has preferred the instant writ petition challenging the impugned action of recovery of financial benefit already made to the petitioner on account of overstay in service from 1/1/2018 to 31/12/2018. The respondent authorities concerned have recovered/deducted an amount of Rs.21,27,846.00 from her pension and other benefits. The learned counsel submits that the overstay in service is not the fault of the petitioner and the petitioner was never informed at any point of time that her date of birth was wrongly recorded in her Service Book and therefore, such being the position, the recovery from her pension and other benefits cannot be done and the same should be refunded back to her. In support of her submission, the learned counsel has relied upon the judgment of the Apex Court in the case of State of Bihar and Ors. vs. Pandey Jagdishwar Prasad, reported in (2009) 3 SCC 117.

(3.) The basic contention of the petitioner is that on being appointed as a Lecturer at Murkong Selek College, Jonai, the petitioner joined her service on 1/10/1993. According to the petitioner, her age is reflected in the admit card as 16 years 3 months as on 2/4/1974. Accordingly, her date of birth shall be 1/12/1957. It is the further case of the petitioner that her employer has wrongly recorded her date of birth in the service book as 1/12/1958 instead of 1/12/1957. Though her date of birth was recorded as 1/12/1958, the same is a wrong recording of date and it is a mistake on the part of the employer. The petitioner had no role in recording of such date of birth. The learned counsel contends that even if it is decided that she ought to have retired on 31/12/2017, no recovery can be made as the employer has extracted her service till 31/12/2018 and there is no allegation of committing any fraud by the petitioner.