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2018 Supreme(Gau) 943

ACHINTYA MALLA BUJOR BARUA
Bhagwan Ram Chauhan – Appellant
Versus
State of Assam and Others Rep by Commissioner and Secretary to Govt. of Assam – Respondent


Advocates Appeared:
MD. A. Hassan, Adv.

JUDGMENT :

ACHINTYA MALLA BUJOR BARUA, J.

1. Heard Ms. B. Bora, learned counsel for the petitioner, Ms. S. Kemprai, learned counsel appearing for the authorities in the KAAC, Mr. N. Sarma, learned Standing Counsel for the Elementary Education Department, Ms. D.D Barman, learned Additional Senior Government Advocate and Mr. B. Gogoi, learned Standing Counsel for the Finance Department.

2. The petitioner, who was appointed as the Head Pandit in the Mosoka Hindi LP School in the Karbi Anglong district on 28.07.1979, superannuated from service on 03.07.2013. Upon his retirement, the petitioner was paid a provisional pension @ Rs. 9355/- per month till the process of his regular pension was finalized. The Finance and Accounts Officer in the Directorate of Pension, Assam, made a communication dated 24.05.2017 to the District Primary Education Officer, Karbi Anglong, wherein it was provided that the petitioner having been appointed on 01.07.1979, his pay as on 01.01.1981 ought to have been Rs. 524/- instead of Rs. 536/-. Accordingly, it was ordered that the excess amount drawn by the petitioner during his entire service tenure from 1981 be recovered.

3. Accordingly, the District Primary Educa







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