Sri Haren Chandra Das vs The State Of Assam And 4 Ors
2021 Latest Caselaw 3516 Gua

                                                               Page No.# 1/3

GAHC010190312021




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                            Case No. : WP(C)/6805/2021

         SRI HAREN CHANDRA DAS
         S/O LATE DHARANI DHAR DAS
         VILLAGE BHATHIPARA, PO CHAYGAON, PS CHAYGAON, DIST KAMRUP
         (R) ASSAM 781124



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY, HOME
         DEPARTMENT, DISPUR GUWAHATI 781006

         2:THE DIRECTOR GENERAL OF CIVIL DEFENCE AND COMMANDANT
         GENERAL OF HOME GUARDS

          ASSAM
          BELTOLA
          GUWAHATI 781028

         3:THE PRINCIPAL ACCOUNTANT GENERAL ( A AND E)
          MAIDAMGAON
          GUWAHATI 29
         ASSAM

         4:THE COMMANDANT

          ASRF (ASSAM SPECIAL RESERVE FORCE) BN 01
          BARJHAR
          NALBARI


         5:THE TREASURY OFFICER
                                                                                  Page No.# 2/3

             AMINGAON
             KAMRUP(R) ASSAM
             78112

Advocate for the Petitioner   : MR. A DEKA

Advocate for the Respondent : GA, ASSAM




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                          ORDER

Date : 17.12.2021

Heard Mr. A Deka learned counsel for the petitioner, who submits that the petitioner retired from service on 31.08.2019. Though the petitioner has been given his regular pension, the petitioner's grievance is that the respondents have fixed his pension on the basis of a lower pay scale than what the petitioner was receiving.

The petitioner's counsel submits that as per the Letter dated 23.12.2019 issued by the Senior Accounts Officer, Accountant General (AE), Assam, the pay of the petitioner was wrongly fixed at Rs. 11,650/- instead of Rs. 10,730/- on 01.07.2010. Further, the petitioner's date of birth was recorded in the service book as 01.08.1959 and as such, the petitioner should have retired on 30.07.2019 instead of 31.08.2019.

2. The petitioner's counsel submits that vide Letter dated 20.04.2021 issued by the Senior Accounts Officer, regular pension has been given to the petitioner. However, there has been a recovery of Rs. 1,33,337/- from the pensionary benefits payable to the petitioner, due to the alleged wrong fixation of pay and overstay period of one month. He submits that the same is not permissible in terms of the Judgment of the Apex Court in State of Punjab vs. Rafik Masih, reported in 2015 4 SCC 334 and Shyam Babu Verma vs. Union of India, reported in 1994 2 SCC 521.

3. He submits that there was no wrong fixation of pay as has been made out in Page No.# 3/3

the Letter dated 23.12.2019 issued by the Senior Accounts Officer.

4. Issue notice returnable in 4 (four) weeks.

5. Mr. B. Chakraborty accepts notice on behalf of the respondent No. 3. Mr. J.K Goswami accepts notice on behalf of the respondent Nos. 1, 2 & 4. Mr. R. Borpujari accepts notice on behalf of respondent No. 5.

6. List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant