Baharul Islam vs The State Of Assam And 7 Ors
2025 Latest Caselaw 3840 Gua

Gauhati High Court

Baharul Islam vs The State Of Assam And 7 Ors on 7 March, 2025

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GAHC010289002023




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

                         Case No. : WP(C)/7551/2023

         BAHARUL ISLAM
         S/O- LATE SOLEMAN ALI,
         VILLAGE- KHAKHARISAL,
         P.O.- KHAKHARISAL
         P.S.- MUKALMUA,
         DIST.- NALBARI, ASSAM.



         VERSUS

         THE STATE OF ASSAM AND 7 ORS
         TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
         GOVT. OF ASSAM,
         ELEMENTARY EDUCATION DEPARTMENT,
         ASSAM, DISPUR, GUWAHATI-6.

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

         3:THE DIRECTOR OF ELEMENTARY EDUCATION
         ASSAM
          KAHILIPARA
          GUWAHATI- 19.

         4:THE DIRECTOR OF PENSION
         ASSAM
          HOUSEFED COMPLEX
          NEW BUILDING
          DISPUR-6.
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           5:THE DISTRICT ELEMENTARY EDUCATION OFFICER
            NALBARI DISTRICT
            P.O.
            P.S. AND DISTRICT- NALBARI

           ASSAM.

           6:THE DEPUTY INSPECTOR OF SCHOOLS
            NALBARI DISTRICT
            P.O.
            P.S. AND DISTRICT- NALBARI

           ASSAM.

           7:THE BLOCK ELEMENTARY EDUCATION OFFICER
            PASHIM NALBARI
            P.O.
            P.S. AND DISTRICT- NALBARI

           ASSAM.

           8:THE TREASURY OFFICER
            NALBARI
            P.O.
            P.S. AND DISTRICT- NALBARI

           ASSAM

Advocate for the Petitioner : MR. A M BARBHUIYA, S. M. ZINNA,MS S R
MAZARBHUIYA,MS A BEGUM

Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE,GA, ASSAM




                                      BEFORE
                THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
                                 ORDER

07.03.2025

1. Mr. B Deori, learned Junior Government Advocate has produced an instruction issued by the Director of Pension, Assam to Mr. Deori, which goes to show that the said Director of Pension, Assam has concluded that as the petitioner has already received the salary for the period with effect from 01.02.2018 to 30.06.2021, Page No.# 3/4

therefore, the pensionary benefit of the petitioner for the said period as claimed by the petitioner cannot be issued by the Director.

2. This court under its judgment and order (CAV) dated 25.04.2023 passed in WP(C) 1873/2022 in no unambiguous term held the following in favour of the petitioner:

"20. Consequently, this Court therefore disposes of both the writ petitions with the following observations and directions.

(i) The communication dated 13.09.2021 issued by the Block Elementary Education Officer is set aside and quashed.

(ii) The respondent authorities are directed not to make any recovery from the petitioner in any mode including from the retirement dues of the petitioner, the amount of Rs.17,07,100/- which was computed to be the excess payment drawn by the petitioner on account of overstay.

(iii) The respondent authorities are directed to fix the retirement benefits of the petitioner on the basis of the petitioner's actual date of superannuation i.e. on 30.01.2018 which is based upon the date of birth as recorded in the HSLC certificate.

(iv) The respondent authorities including the Elementary Education Department and the Director of Pension are directed to immediately process the pension of the petitioner so that the petitioner receives his arrear pension as well as all other pensionary benefits at the earliest. The said exercise be completed within a period of 4 (four) months from the date a certified copy of the instant judgment and order is served upon the Director of Elementary Education as well as to the Director of Pension.

(v) This Court further directs that upon the formalities being completed by the Elementary Education Department as well as the Director of Pension, the concerned Treasury Officer shall do the needful so that the petitioner receives his arrear pension, regular pension as well as the pensionary benefits to which the petitioner is otherwise is entitled to."

3. This court has also seen that by communication dated 13.09.2021 as recorded in subparagraph (i) whereby, recovery was sought for the salary already paid to the petitioner.

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4. Thus, the Co-ordinate Bench in unequivocal term interfered with recovery of salary already paid for the period, the petitioner allegedly overstayed and at subparagraph (iii) it is specifically directed to fix the retirement benefits of the petitioner on the basis of the petitioner's actual date of superannuation and at subparagraph (iv) it was also directed to grant him the arrears of pension.

5. That being the position, the instruction furnished by the Director to Mr. Deori, in prima-facie view of this court is suggestive of contempt of the order dated 25.04.2023 quoted hereinabove.

6. The Director of Pension, Assam by the next date fixed shall explain under what circumstances and under authority he has instructed his Lawyer as recorded hereinabove in the communication dated 27.09.2024. A copy of communication dated 27.09.2024 is kept on record.

7. List this matter on 13.03.2025. If proper explanation is not given on the next date fixed, this court may direct personal appearance of the Director, Pension, Assam.

JUDGE

Comparing Assistant