Liakat Ali vs Assam Power Generation ...
2022 Latest Caselaw 2741 Gua

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GAHC010004822022




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

                                  Case No. : WP(C)/252/2022

            LIAKAT ALI
            S/O LATE ABED ALI, R/O MATHURAPUR, MAJGAON, P.O.-NIMALAGARH,
            P.S.-MATHURAPUR, DIST- CHARIDEO, ASSAM, PIN-785689


            VERSUS


            ASSAM POWER GENERATION CORPORATION AND 2 ORS
            REPRESENTED BY CHIEF GENERAL MANAGER, (GEN), APGCL, BIJULEE
            BHAWAN, GUWAHATI-1


            2:THE GENERAL MANAGER (HR)
            APGCL
             BIJULEE BHAWAN
             GUWAHATI-1


            3:THE GENERAL MANAGER
             LAKWA THERMAL POWER STATION
            APGCL
             MAIBELLA
             CHARAIDEO
            ASSAM


Advocate for the Petitioner   : MR. R ALI


Advocate for the Respondent : SR. SC, APGCL
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                                 BEFORE
               HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                     ORDER

Date : 04-08-2022

The petitioner's grievance is that the respondents have issued a show cause notice dated 24.12.2021 for recovery of excess salary paid for over stay in service w.e.f. 31.07.2014 to 24.01.2020. The petitioner's case is that the date of birth recorded in his Service Book was 31.08.1961 and accordingly, he was to retire on 31.08.2021. However, in view of the show cause notice dated 24.12.2021, which stated that the petitioner's younger brother had retired on superannuation on 31.01.2018, the petitioner's date of birth was not 31.08.1961, the petitioner was made to resign from the date of issuance of the show cause notice, i.e., 24.12.2021. The show cause notice also stated that the certificate dated 31.05.2019 issued by the Principal, Mathurapur Higher Secondary School, stated that the petitioner's age on 31.02.1964, at the time of his admission in Class-IV in the School, was 9 years 7 months and 2 days. Therefore, according to the respondents, the petitioner's date of birth should have been 01.07.1974 and excess salary drawn due to submission of a false School certificate dated 20.02.1986 would be liable for recovery.

The petitioner's counsel submits that recovery of excess salary cannot be made against a Grade-IV employee, in terms of the judgment of the Apex Court in the case of State of Punjab & Ors. vs. Rafiq Mashi (White Washer) , reported in (2018) 4 SCC 334. On the other hand, Ms. R Deka, learned counsel for the respondents submits that the wrong date of birth given by the petitioner shows that a fraud/misrepresentation has been committed by the Page No.# 3/3

petitioner and the judgment of the Apex Court in Rafiq Mashi (supra) does not apply where a fraud/misrepresentation has been committed. She submits that the petitioner cannot be allowed to take advantage of the wrong committed by him. She however prays for time to allow her to bring citations in support of her

case. Accordingly, list this matter on 9th August, 2022.

The petitioner is directed to insert page-33 in the writ petition in the presence of the Court Master and make corrections to the existing page-33.

JUDGE

Comparing Assistant