NASIRUDDIN S K Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioners, retired Assistant Teachers of two High Schools of the State are before this Court being aggrieved by the decision of the State respondents to effect deduction from their pension computable on the basis of the extended scale of pay enjoyed by them during their service tenure.

(2.) I have heard Mr. I. Rafique, learned counsel for the petitioner, Mr. U. K. Goswami, learned Standing Counsel, Education Department and Ms. A. Verma, learned Standing Counsel, Finance Department for the Respondent No. 2. None appears for the other respondents.

(3.) THE uncontroverted pleaded case of the petitioners is that, they had joined as Assistant Teachers as above in 1970 and 1973 respectively. They were granted the extended scale of pay under Rule 11 of the Revision of Pay Rules, 1983 (hereinafter referred to as the 'rules') with effect from 1. 7. 1988. They retired from service on 31. 10. 2003 and 31. 3. 2003 respectively. In course of processing their pension papers, the Inspector of Schools, Dhubri District Circle, Dhubri ordered for recovery of varying amounts from their retiral benefits for the purported excess drawal by them while enjoying the extended scale of pay which, according to the State authorities, they were not entitled to.