Heard Ms. R. Phukan, learned counsel for the petitioner and Dr. B. Ahmed, learned counsel appearing for the respondent No.1. Although Mr. A.K. Sarma, learned counsel had appeared for the respondent Nos. 2, 3 and 4 as the Standing Counsel of the Assam State Co-Operative Agriculture and Rural Development Bank, but it is stated that in the meantime, the learned counsel had been appointed as a Member of the Foreigners Tribunal and as such, he is no longer practicing as a lawyer. It is also noticed from the order sheet that since the said learned Standing Counsel had been appointed as the Member of the Foreigners Tribunal, the respondent Nos. 2, 3 and 4 had not taken any required steps for appointing any other counsel to represent their case. But, however, an affidavit in opposition of the respondent Nos. 2, 3 and 4 dated 29.04.2015 is found on record and as such, this Court deems it appropriate to proceed with the matter on the basis of the said affidavit in opposition.

2. The petitioner was earlier serving as the Secretary of the Assam State Co-operative Agriculture and Land Mortgage Bank since his appointment on 01.01.1982. Later on, the Assam State Co-operative Agriculture and Land Mortgage Bank was renamed as the Assam State Co-operative Agriculture and Rural Development Bank (in short ASCARD Bank).

3. While the petitioner was working as a Deputy Manager of the ASCARD Bank and was posted at Nagaon Branch, two employees of the bank, namely, Md. Hasen Ali and Late Gopal Bora were placed on voluntary retirement. The said act of the respondent bank in placing the said two employees on voluntary retirement was assailed by the two employees before this Court in two writ petitions being WP(C) No.2103/2001 and WP(C) No.7273/2001. The said two writ petitions were disposed of by the common judgment and order dated 14.09.2006. It is stated that by the said judgment and order of 14.09.2006, this Court was pleased to set aside the order of voluntary retirement and had directed the respondent ASCARD Bank to make the payment of the dues to the said two employees, including the arrear pay and other benefits after necessary calculation. It is stated that after necessary calculation it was found that the respondent bank was required to pay a total amount of Rs.2,61,859/- in respect of Md. Hasen Ali and Late Gopal Bora.

4. It is stated that subsequently as per the meeting of the Board of Directors of the ASCARD Bank held on 25.05.2010, the amount payable to Md. Hasen Ali was assessed at Rs.3,72,856/-, whereas the amount payable to late Gopal Bora was assessed at Rs.1,99,775/-.

5. In the aforesaid background the order dated 22.06.2010 was passed by the Chief Executive Director of the ASCARD Bank whereby an amount of Rs.8,83,319/- had been ordered to be recovered from the present petitioner from his monthly salary @ 25% of his salary. Being aggrieved, the petitioner prefers this writ petition. It is also stated that in the meantime, the petitioner has superannuated from service in the month of December, 2016.

6. From a perusal of the order dated 22.06.2010, it is noticed that in paragraph-1 of the said order, it had been stated that the petitioner being the in-charge Secretary of the Nagaon Branch of the respondent ASCARD Bank had placed the aforesaid Hasen Ali and Gopal Bora on voluntary retirement without obtaining the written consent from the said two employees. In the second paragraph of the said order, it is stated that the Board of Directors of the then Nagaon Branch of the respondent ASCARD Bank had resolved to give voluntary retirement to Md. Hasen Ali due to his heart ailment and Gopal Bora on the ground of sitting idle and suffering from cancer. The order also states that as the orders of voluntary retirement were interfered by this Court and the respondent ASCARD Bank had to pay the financial benefits to the concerned employees, the respondent ASCARD Bank was required to make a payment of Rs.4,83,969/- to Ms. Hasen Ali and Rs.3,99,