Prakash Deka vs The State Of Assam And 7 Ors
2022 Latest Caselaw 4778 Gua

                                                                   Page No.# 1/3

GAHC010145442022




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

          Case : WP(C)/2655/2022

         PRAKASH DEKA
         S/O- LT. PRATAB CH. DEKA
         VILL. MAZDIA
         P.O. MUGKUCHI
         P.S. NALBARI
         DIST. NALBARI
         ASSAM.

          VERSUS

         THE STATE OF ASSAM AND 7 ORS
         TO BE REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
         ELEMENTARY EDUCATION DEPTT.
         ASSAM
         DISPUR
         GHY.-6.

         2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM
         FINANCE DEPTT.
          DISPUR
          GHY.-06.
          3:THE DIRECTOR OF ELEMENTARY EDUCATION
         ASSAM
         KAHILIPARA
          GHY.-19.
          4:THE DIRECTOR OF PENSION
         ASSAM
         HOUSEFED COMPLEX
          NEW BUILDING
          DISPUR-6.
          5:THE DIST. ELE. EDUCATION OFFICER
          NALBARI DIST.
         P.O.
          P.S. AND DIST.- NALBARI
                                                                             Page No.# 2/3

            ASSAM.
             6:THE DY. INSPECTOR OF SCHOOLS
             NALBARI DIST.
            P.O.
             P.S. AND DIST.- NALBARI
            ASSAM.
             7:THE BLOCK ELEMENTARY EDUCATION OFFICER
            PASHIM NALBARI
             P.O.
             P.S. AND DIST.- NALBARI
            ASSAM.
             8:THE TREASURY OFFICER
             NALBARI
            P.O.
             P.S. AND DIST.- NALBARI
            ASSAM.
             ------------
            Advocate for : MR. A M BARBHUIYA
            Advocate for : SC
             ELEM. EDU appearing for THE STATE OF ASSAM AND 7 ORS



                                 BEFORE
                     HONOURABLE MR. JUSTICE NELSON SAILO

                                        ORDER

05.12.2022

The writ petition has been filed by the petitioner with the grievance that the salary received by him for overstaying service is sought to be deducted which otherwise is not his fault.

Mr. A. M. Borbhuiya, learned counsel for the petitioner submits that there are number of Supreme Court Judgments which is to the effect that deduction for over staying service is not permissible.

Mr. P. K. Bora, learned standing counsel, Elementary Education on the other hand, submits that according to their instructions received by him, the petitioner himself had kept his own service book at his disposal which resulted in his over stay in Page No.# 3/3

service. He therefore submits that there appears to be some malafide intention on the part of the petitioner.

It is however, seen that the respondents apart from respondent No.4 have not filed their counter affidavit. Therefore, one more opportunity is granted to the Elementary Education Department to file their affidavit. And such affidavit be filed within a period of three days from today.

List the matter again on 09.01.2023.

JUDGE

Comparing Assistant