JUDGMENT :

1. Heard Mr. A.A.R. Karim, learned counsel for the petitioner. Also heard Mr. A.K. Bhuiyan, learned standing counsel for the BTC authorities as well as Mr. N. Sarma, learned standing counsel for the Elementary Education Department.

2. The petitioner who was serving as an Assistant Teacher in the Shimultapu L.P. School at Kokrajhar and thereafter promoted as the Head Teacher of 785 No. Shimultapu L.P. School, had superannuated from service on 26.9.2016. It is the case of the respondent-BTC authorities that according to the correct date of birth, the petitioner ought to have retired on 31.12.2015. On the aforesaid premises, a communication dated 31.10.2016 of the Block Elementary Education Officer, Kachugaon was issued by which an amount of Rs. 3,13,830 being the overdrawn of salary and other entitlement of the petitioner was sought to be directed to be refunded.

3. The respondent-authorities by filing an affidavit-in-opposition had taken a stand that as per the actual date of birth, the petitioner ought to have retired on 31.12.2015 and, therefore, the salary and allowances paid to the petitioner subsequent to the said date is unsustainable and therefore, a recovery is sough