SUKHAMAY DEY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P.D. Nair, the learned counsel appearing on behalf of the petitioner. Mr. T.R. Gogoi, the learned Government Advocate who appears on behalf of the respondent Nos. 1, 3 and 6; Mr. H.K. Das, the learned Standing Counsel who appears on behalf of the respondent Nos. 2, 4 and 8; Mr. R. Borpujari, the learned Standing Counsel who appears on behalf of the respondent No. 5 and Mr. R. K. Talukdar, the learned Standing Counsel who appears on behalf of the respondent No. 7.

(2.) The issue involved in the instant proceedings is, as to whether, the action on the part of the Respondent Authorities to take steps for recovery of an amount of Rs.10,72,086.00 from the salary of the petitioner on the basis of a communication dtd. 1/8/2014 and another communication dtd. 27/10/2014 are in accordance with law. The petitioner herein also assails an order dtd. 12/12/2014 issued by the Registrar General of the Gauhati High Court whereby the representation of the petitioner dtd. 6/8/2014 was rejected. The petitioner further by way of the instant writ petition has sought for a writ in the nature of mandamus that the petitioner is entitled to fixation of his salary, as on the date of his appointment at Rs.27,900.00, on the basis of the administrative order dtd. 15/5/2023.

(3.) For the purpose of deciding the entitlements of the petitioner and further, as to whether, there should be a recovery as against the petitioner, it is relevant to take note of the brief facts which led to the filing of the instant writ petition.