Sukhalata Phukan Gogoi vs The State Of Assam And 7 Ors
2022 Latest Caselaw 3983 Gua

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GAHC010204942022




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

                            Case No. : WP(C)/6616/2022

         SUKHALATA PHUKAN GOGOI
         W/O- SHRI NAREN GOGOI,
         R/O LAKHI NEPALI BASTI (MIGOM DOLUNG),
         P.O.- JONAI, DISTRICT- DHEMAJI,
         PIN- 787060, ASSAM.


         VERSUS

         THE STATE OF ASSAM AND 7 ORS.
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
         GOVERNMENT OF ASSAM,
         EDUCATION (HIGHER) DEPARTMENT, ASSAM,
         DISPUR, GUWAHATI- 781006.

         2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
         ASSAM
          FINANCE DEPARTMENT
          DISPUR
          GUWAHATI-6.

         3:THE ACCOUNTANT GENERAL
         ASSAM
          OFFICE OF THE ACCOUNTANT GENERAL ( A AND E)
         ASSAM

         MAIDAMGAON
         BELTOLA
         GUWAHATI- 781029
         ASSAM.

         4:THE DIRECTOR OF HIGHER EDUCATION
          HIGHER EDUCATION DEPARTMENT
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            KAHILIPARA
            GUWAHATI- 781019
            ASSAM.

            5:THE DIRECTOR OF PENSION
            ASSAM
             HOUSEFED COMPLEX
             GUWAHATI- 781006
            ASSAM.

            6:THE PRINCIPAL
             MURKONG SELEK COLLEGE
             JONAI
             DISTRICT- DHEMAJI
            PIN- 787060
            ASSAM.

            7:THE PRESIDENT
             OFFICE OF THE GOVERNING BODY
            MURKONG SELEK COLLEGE
             JONAI
            DISTRICT- DHEMAJI
             PIN- 787060
            ASSAM.

            8:THE TREASURY OFFICER
             JONAI SUB-TREASURY
             JONAI

Advocate for the Petitioner   : MS RUKMINI BARUA

Advocate for the Respondent : SC, HIGHER EDU




                                   BEFORE
                       HONOURABLE MR. JUSTICE NELSON SAILO

                                          ORDER

Date : 30-09-2022

Heard Ms. P Barua, learned counsel for the petitioner, who submits that the petitioner retired as Principal from Murkong Selek College, Jonai as Lecturer on 31.12.2018 and that on account of overstay in service from 01.01.2018 to 31.12.2018 and for wrong fixation of pay scale on 01.10.2006 and 01.10.2011, the respondent authorities concerned have Page No.# 3/3

recovered/deducted an amount of Rs. 21,27,846/- from her pension and other benefits. The learned counsel submits that the wrong fixation of pay and the overstay in service is not the fault of the petitioner and the petitioner was never informed at any point of time that her date of birth was wrongly recorded in her Service Book and therefore, such being the position, the recovery from her pension and other benefits cannot be done and the same should be refunded back to her. In support of her submission, the learned counsel has relied upon the judgment of the Apex Court in the case of State of Bihar & Ors. vs. Pandey Jagdishwar Prasad, reported in (2009) 3 SCC 117.

In view of above, issue notice of motion, returnable by 20.10.2022.

Mr. K Gogoi, learned counsel appears and accepts notice on behalf of respondent Nos. 1 and 4, Ms. R Nath, learned counsel appears and accepts notice on behalf of respondent No. 3, Mr. A Chaliha, learned counsel appears and accepts notice on behalf of respondent Nos. 2 and 8 while Mr. P Saikia, learned counsel appears and accepts notice on behalf of respondent No. 5.

Petitioner to serve requisite extra copies of the writ petition to the learned counsels for the respondents today within 3 (three) days.

Petitioner to take steps for service of notice upon respondent Nos. 6 and 7 by registered post with A/D within 3 (three) days.

List the matter again on 20th October, 2022.

JUDGE

Comparing Assistant