ARABINDA DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant petition has been filed under Article 226 of the Constitution of India challenging inter-alia the action of the respondent authorities in purporting to make recovery from the pensionary benefits of the petitioner the amount which was allegedly overdrawn by the petitioner while in service.

(2.) As per the facts projected, the petitioner was serving as Assistant Teacher in the 1126 No. Adalbari Sripur L.P. School, Baksa and he had retired from service on 30/3/2016. While the process of finalizing the pension was on, an objection was raised that the petitioner was allowed to draw regular scale of pay from the date of his joining, i.e., 1/10/1999 instead of the date of passing his basic training i.e., 5/3/2004. Accordingly, a statement has been prepared of overdrawal of an amount of Rs.3,79,610.00 (Rupees Three Lakh Seventy Nine Thousand Six Hundred Ten). It is the said action which forms the subject matter of challenge in this writ petition.

(3.) I have heard Shri P.K. Das, learned counsel for the petitioner. I have also heard Shri B. Talukdar, learned Standing Counsel, Elementary Education Department; Ms. R. B. Bora, learned Standing Counsel, BTC and Ms. R.M. Baruah, learned counsel representing the Finance Department.