Anandi Rajbonshi vs The State Of Assam And 5 Ors
2023 Latest Caselaw 239 Gua

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GAHC010189772020




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

                           Case No. : WP(C)/47/2021

         ANANDI RAJBONSHI
         S/O- LT. LAKHIRAM RAJBONSHI, VILL- BAKATTARY, P.O. BONPURA, DIST.-
         NALBARI (ASSAM), PIN- 781126



         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION
         (SECONDARY) DEPTT., DISPUR, GHY-01

         2:THE DIRECTOR OF SECONDARY EDUCATION
          KAHILIPARA
          GHY-09

         3:THE INSPECTOR OF SCHOOLS
          NALBARI DISTRICT CIRCLE
          PIN- 781335

         4:THE DIRECTOR OF PENSION
         ASSAM HOUSEFED COMPLEX
          DISPUR
          GHY-06

         5:THE FINANCE AND ACCOUNT OFFICER
          DIRECTORATE OF PENSION
         ASSAM
          HOUSEFED COMPLEX
          DISPUR
          GHY-06

         6:THE COMM. OF SECRETARY TO THE GOVT. OF ASSAM
          FINANCE (ESTABLISHMENT) DEPTT.
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              DISPUR
              GHY-0

Advocate for the Petitioner   : MR. R P HAZARIKA

Advocate for the Respondent : SR. GA, ASSAM




                                      BEFORE
                       HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                         ORDER

Date : 23.01.2023

None appears on behalf of the petitioner on call. I have heard Mr. B. Kaushik, the learned Standing counsel appearing on behalf of the Secondary Education Department and Mr. R. Borpujari, the learned Standing counsel appearing on behalf of the Finance Department.

The matter pertains to the action initiated for recovery of the excess drawal of salary. It is the case of the State that the petitioner was entitled to the Pay-Scale of Rs.4,840/- per month as on 01.01.1996 but the petitioner was drawing a higher scale of Rs.4,960/-.

From a perusal of the writ petition, the fixation of the salary of the petitioner at Rs.4,960/- has been done by the concerned respondent authorities and from the materials on record, there appears that there is no misrepresentation or fraud committed by the petitioner for the excess drawal of salary.

Accordingly, applying the ratio in the judgment of the Supreme Court rendered in the case of State of Punjab and Others Vs. Rafiq Masih (White Washer) and Others reported in (2015) 4 SCC 334, this Court is of the opinion

that the question of recovery from the petitioner of the excess drawal of salary Page No.# 3/3

would be contrary to the principles laid down by the Supreme Court in the said judgment.

Accordingly, this Court therefore directs the concerned respondent authorities i.e. the Secondary Education Department and more particularly the Respondent No.3 not to recover any amount from the petitioner on the basis of the communication dated 02.01.2018 issued by the Finance and Accounts Officer, Director of Pension, Assam and further fix the pensionary benefits of the petitioner within a short time and preferably within 2 (two) months from the date of a certified copy of the instant order is served upon the respondent No.3.

With above observations and directions, the instant writ petition stands dispose of.

JUDGE

Comparing Assistant