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2008 Supreme(Gau) 81

ANIMA HAZARIKA
Manohari Das – Appellant
Versus
State of Assam – Respondent


JUDGMENT

A. Hazarika, J.

1. By making this application under Article 226 of the Constitution on India, the petitioner has approached this Court seeking issuance of Writ/Writs commanding the respondent authorities not to deduct the amount of Rs.2,60,393/- (Rupees two lakhs, sixty thousand, three hundred and ninety three only) from his pensionary benefits, which was drawn by the petitioner as salary for a period of 30 months, i.e. from 1.1.2000 to 30.6.2002 and pay pensionary benefits to the petitioner to which he is entitled to. The pensioner has also prayed for quashing the letter dated 29.6.2004 issued by Respondent No. 3 and consequent thereto for a direction to the respondent authorities to regularize the service period of the petitioner from 1.1.2000 to 30.6.2002, purportedly to be overstay period beyond his date of superannuation.

2. The petitioner's case in a narrow compass, is that, he was appointed on 23.7.1964 as a Work-charged Roller Driver under the Sub-Divisional Officer, PWD Rangia (NH) Sub-Division vide letter No. 2A70-84 dated 20.7.1964. His service as Roller driver was confirmed vide Government. Circular No. APB/95.77/49 dated 6.3.1978 and since then he has been contin











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