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2015 Supreme(Gau) 613

UJJAL BHUYAN
DIPENDRA NATH THAKURIA – Appellant
Versus
ASSAM STATE ELECTRICITY BOARD – Respondent


JUDGMENT :

Heard Mr. H Das, learned counsel for the petitioners and Mr. HK Sarma, learned Standing Counsel, Assam Power Distribution Company Ltd. (APDCL) for the respondents.

By filing this petition under Article 226 of the Constitution of India, petitioners seek quashing of orders dated 17.09.2013 & 18.09.2013 seeking recovery of certain amounts from their monthly pay bill and thereafter from their terminal benefits on the ground of excess payment of salary.

At the time of filing of the writ petition, petitioners were under the Pathsala Electrical Division, APDCL. Subsequently, they retired from service on attaining the age of superannuation on 31.03.2014 and 31.12.2014 respectively. At the time of retirement, both the petitioners were serving as Sub-ordinate Engineer (Grade-II) in Pathsala Electrical Sub-Division, APDCL (Lower Assam Zone). By the two impugned orders dated 17.09.2013 and 18.09.2013, it was stated that owing to error in pay fixation of the petitioners, amounts of Rs. 1,72,979.00 were overdrawn by the two petitioners during the period from 10.04.1989 to 31.08.2013. It was further stated that this was detected by the Assistant Manager (Audit) and communicated vide h






















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