PRADIP CHANDRA NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S K Das, learned counsel for the petitioner. Also heard Mr. C Bhattacharjee, learned Standing counsel, Secondary Education Department for the respondent Nos. 1 and 2, Mr. S R Baruah, learned Government advocate for the respondent No. 3 and Mr. B Gogoi, learned Standing counsel, Finance Department for the respondent No. 4.

(2.) The petitioner, an Assistant Teacher in Andherighat M.E. School under Khoirabari Education Block of Udalguri district, which was later amalgamated with Andherighat High School, retired from service on 31.12.2017 on attaining the age of superannuation, after rendering service for more than 29 years 8 months. The Inspector of Schools, Mangaldai vide letter No. 2987-88 dated 13.06.2018 submitted his pension papers with necessary proposal before the Directorate of Pension, Assam for finalization of the same.

(3.) On 22.11.2018, vide No. DP.ADP/2018-19/2018/07/0695, the Finance and Accounts Officer of the Directorate of Pension, Assam wrote back to the Inspector of Schools, Mangaldai informing him that petitioner's salary was fixed at Rs. 12030/- on 01.01.2006 instead of Rs. 11430/- stating that subsequent fixation should be done accordingly and the same should be entered in his Service Book and to assess the excess drawal statement of the petitioner and further, if the said excess drawal by the petitioner was not due to his misrepresentation or fraud, the Head of the Office/Department may waive the same with the approval of the Finance Department.