Nurul Amin vs The State Of Assam And 6 Ors
2023 Latest Caselaw 4831 Gua

Gauhati High Court

Nurul Amin vs The State Of Assam And 6 Ors on 1 December, 2023

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                                 Page No.# 1/2

GAHC010267082023




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

                          Case No. : WP(C)/6878/2023

         NURUL AMIN
         SON OF LATE SAMED ALI, RESIDENT OF VILLAGE- TARABORI, P.O.
         TARABORI KALSILA SATRA, DISTRICT- MORIGAON, ASSAM



         VERSUS

         THE STATE OF ASSAM AND 6 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
         GOVERNMENT OF ASSAM, SCHOOL EDUCATION DEPARTMENT, DISPUR,
         GUWAHATI-6

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

         3:THE DIRECTOR OF PENSION
         ASSAM
          HOUSEFED COMPLEX
          GUWAHATI-6

         4:THE DIRECTOR OF ELEMENTARY EDUCATION
         ASSAM
          KAHILIPARA
          GUWAHATI-19

         5:THE FINANCE ACCOUNT OFFICER
          DIRECTOR OF PENSION
         ASSAM
          HOUSEFED COMPLEX
          GUWAHATI-6
                                                                      Page No.# 2/2


            6:THE DEPUTY INSPECTOR OF SCHOOLS
             MORIGAON DISTRICT
             MORIGAON
            ASSAM

            7:THE BLOCK ELEMENTARY EDUCATION OFFICER (BEEO)
             BHURBANDA ELEMENTARY EDUCATION BLOCK
             P.O. BHURBANDA
             DISTRICT- MORIGAON
            ASSAM
             PIN

Advocate for the Petitioner   : MR. B RAHMAN

Advocate for the Respondent : GA, ASSAM




                                     BEFORE
                      HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                          ORDER

01.12.2023 Mr. P.K. Bora, learned Standing Counsel, Elementary Education Department will obtain instructions as to the claim of the petitioner that an amount of Rs. 2,78,502/- was sought to be recovered from the pension of the petitioner on the ground of excess drawl by retired Grade-III employee.

The petitioner has referred to the Judgment of the Apex Court in State of Punjab Vs. Rafiq Masih, reported in (2015) 4 SCC 334 to say that this recovery is not permitted in law.

The instructions be obtained, matter be listed again on 08.01.2024.

JUDGE

Comparing Assistant