1. Heard Mr. K Singha, learned counsel for the petitioner. Also heard Mr. K Gogoi, learned Standing Counsel, Higher Education Department, appearing for respondents No. 1, 3 and 4.

2. The petitioner was serving as an Associate Professor of Assamese in KRB Girls’ College, Fatashil, Guwahati. By a letter dated 24.03.2017 the Principal of said college informed the petitioner that as per the office record she shall retire from service as Associate Professor from the said College on 30.06.2017 and therefore, requested her to submit all necessary relevant papers, documents and information for submission of proposal of her retirement benefit to the Government and also to clear all dues if any. The petitioner accordingly, on 30.6.2017, retired from service from said college on attaining the age of superannuation at 60 (sixty) years.

3. On verification of the petitioner’s pension proposal, the Directorate of Higher Education found that as per petitioner’s Class-X passed certificate of 1973 issued by the Board of Secondary Education Assam (SEBA) (Annexure-1 to the writ petition), on the 1st March of 1973 her age was 16 years 8 months and X days and as per said certificate her date of birth was 01.07.1956, as such she should have retired from service 30.06.2016 on attaining of her 60 years.

4. On such scrutiny of pension documents, the said Directorate also found that in her Service Book, petitioner’s date of birth was recorded as 30.06.1957 (Annexure-6 to the writ petition) and that the petitioner had overstayed in service w.e.f. 01.07.2016 to 30.06.2017. For those reasons, the Directorate of Higher Education, Assam vide communication No. DHE/PEN/ 288/2017/47 dated 27.03.2018 returned the pension as well as the ‘Leave Encashment Benefit’ proposal of the petitioner to the Principal of KRB Girls’ College, Fatashil, Guwahati directing him to resubmit the same to the said Directorate after depositing the entire amount of overdrawal through treasury challan and after making necessary reconciliation.

5. By another communication No. DHE/PEN/288/2017/48 dated 27.03.2018 the Directorate of Higher Education, Assam issued Show Cause Notice to the Principal of KRB Girls’ College, Fatashil, Guwahati as to why disciplinary proceeding should not be initiated against him for allowing the petitioner to overstay in service for the period from 01.07.2016 to 30.6.2017 and to overdraw Rs.17,06,463/-as per her last pay certificate since he allowed the petitioner to continue in service up to 30.06.2017.

6. On receipt of those letters from the Directorate of Higher Education, Assam, the Principal of KRB Girls’ College, Fatashil, Guwahati on 29.03.2018 directed the petitioner to deposit the entire amount of overdrawal through treasury challan and to submit the necessary papers for re-submission of her pension proposal to the said Directorate. In the said letter dated 29.03.2018, the Principal of KRB Girls’ College also informed the petitioner that her date of birth was wrongly recorded in her service book by the then Principal of the College, Mr. Zahid Choudhury, at the time of joining in KRB Girls’ College as 30th June, 1957 and not as per her HSLC Certificate.

7. The Principal of KRB Girls’ College, on 11.04.2018 again wrote to the petitioner requesting her to act in terms of the letter dated 27.03.2018 of the Directorate of Higher Education, Assam, and to refund the excess amount drawn as per her last pay certificate at an early date so that the college authority can resubmit her pension papers.

8. Being aggrieved, the petitioner has preferred this writ petition praying for setting aside and quash the impugned letter dated 27.03.2018 of the Directorate of Higher Education, Assam (Annexure-17 to the writ petition) and the consequential letters dated 29.03.2018 and 11.04.2018 of the Principal of KRB Girls’ College, Fatashil, directing her to deposit the entire alleged overdrawal amount and not to recover or withheld any amount from her retirement benefits an