NAZIB ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. SK. N. Mahammad, learned counsel appearing for the petitioner, and Mr. D. Nath, learned Additional Senior Government Advocate, Assam for the respondent Nos. 1, 2, 4 and 5. Also heard Mr. R.K. Talukdar, learned Standing Counsel, Accountant General (A and E) Assam, appearing for the respondent No. 3.

(2.) Issue involved herein is regarding to non-payment of the dues in lieu of un-utilised Earn Leave for 300 days to the petitioner amounting to Rs.5,82,320/-, which the respondents refused to pay for the purpose of recovery of excess salary of Rs. 6,24,046/- that was paid to the petitioner during his service tenure as Statistical Officer (ARO) in the Directorate of Social Welfare Department, Assam.

(3.) Petitioner was a Statistical Officer under the Directorate of Economics and Statistics Department, Assam. On his promotion to the said post of Statistical Officer (ARO) in the year 2008, he was posted in the Office of the Directorate of Social Welfare Department, Assam at Guwahati. He retired from service on 30.09.2015 on attaining the age of superannuation at 60 years from the said Directorate of Social Welfare Department, Assam. During petitioner's service tenure his pay slips were issued by the AG (A&E), Assam, respondent No. 3.