Purnima Saikia (Kachari) vs The State Of Assam And 5 Ors
2024 Latest Caselaw 449 Gua

Gauhati High Court

Purnima Saikia (Kachari) vs The State Of Assam And 5 Ors on 29 January, 2024

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                            Page No.# 1/3

GAHC010053562023




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

                          Case No. : WP(C)/1384/2023

         PURNIMA SAIKIA (KACHARI)
         W/O- LATE RAMONI MOHAN SAIKIA,
         R/O- VILLAGE KULAPATHAR,
         PANIGAON, P.O.- ARADHAL,
         DISTRICT- DHEMAJI, ASSAM,
         PIN- 787057.



         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY,
         DEPARTMENT OF HIGHER EDUCATION,
         GOVERNMENT OF ASSAM,
         ASSAM SECRETARIAT,
         DISPUR, GUWAHATI, ASSAM.
         PIN- 781006.

         2:THE PRINCIPAL ACCOUNTANT GENERAL ( A AND E)
         ASSAM
          MAIDAMGAON
          BELTOLA

         GUWAHATI
         ASSAM

         PIN- 781029.

         3:SENIOR TREASURY OFFICER
          O/O THE PRINCIPAL ACCOUNTANT GENERAL ( A AND E)
         ASSAM

         MAIDAMGAON
                                                                        Page No.# 2/3

             BELTOLA

            GUWAHATI
            ASSAM

            PIN- 781029.

            4:THE TREASURY OFFICER
             DHEMAJI
             DISTRICT- DHEMAJI
            ASSAM

            PIN- 787057.

            5:THE DIRECTOR OF HIGHER EDUCATION
             DIRECTORATE OF HIGHER EDUCATION
            ASSAM

            KAHILIPARA
            GUWAHATI
            ASSAM.
            PIN- 781019.

            6:DHEMAJI COMMERCE COLLEGE
             REPRESENTED BY ITS PRINCIPAL

            DISTRICT- DHEMAJI
            ASSAM

Advocate for the Petitioner   : MR S BORTHAKUR

Advocate for the Respondent : SC, HIGHER EDU




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                        ORDER

29.01.2024

Heard Mr. S. Borthakur, leaned counsel for the petitioner. Also heard Mr. D.

Upamanyu, learned Standing Counsel, Higher Education Department, Mr. B. Page No.# 3/3

Chakravarty, learned Standing Counsel, Accountant General and Mr. R.

Borpujari, learned Standing Counsel, Finance Department.

Learned counsel for the petitioner has placed before the Court an order of

a Coordinate Bench passed on 03.04.2023 in WP(C) No.719/2023. It is

submitted that by the said judgment this Court had directed the respondents to

refund the amount of the petitioner therein which was deducted on the ground

of wrong fixation of pay as this Court had arrived at a finding that there was no

fault on the part of the petitioner in the wrong fixation of pay.

Accordingly, this Court permits the learned Standing Counsel for the

respondents to obtain the specific instructions as to how the petitioner's

husband's pay was wrongly fixed by the Department and whether there was any

fault on the part of the petitioner's husband in the wrongly fixation of his pay.

List the matter again on 19.02.2024, on which date this instruction be

placed before the Court.

JUDGE

Comparing Assistant