Back
2020 Supreme(Gau) 597
IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ACHINTYA MALLA BUJOR BARUA, J.
Trishna Sarkar W/o. Lt. Manik Kumar Sarkar and 13 Ors. - Appellants
Versus
The State of Assam, Rep. by The Principal Secy. to The Govt. of Assam, Panchayat and Rural Development Deptt. and 4 Ors. - Respondents
W.P.(C) No. 4248 of 2020
Decided On : 15-10-2020
For the Appellant : Ms. D. Ghosh.
For the Respondent: GA, Assam.
Recovery of excess salary from retirement benefits is not sustainable if the excess payment was not due to any fault or fraudulent act on the part of the employee during their service period.
Headnote:
Recovery of Excess Salary from Retirement Benefits - Pensionary Benefits - Shyam Babu Verma and others vs. Union of India and others (1994) 2 SCC 521, State of Punjab and Others vs. Rafiq Masih (White Washer) and others (2015) 4 SCC 334
Fact of the Case:
The petitioners were appointed to various positions in different Panchayats in Assam and were seeking to prevent the recovery of excess salary from their retirement benefits.
Finding of the Court:
The court found that the recovery sought to be made from the retirement benefits would not be sustainable in law as there was no evidence of fault or fraudulent act on the part of the petitioners during their service period.
Issues: Recovery of excess salary from retirement benefits, entitlement to pensionary benefits, application of legal precedent
Ratio Decidendi: The recovery of excess salary from retirement benefits is not sustainable if the excess payment was not due to any fault or fraudulent act on the part of the employee during their service period.
Final Decision: The writ petition stands allowed, requiring the petitioners to submit individual representations before the authorities who have passed the orders for recovery of the excess salary paid to them from the retirement benefits. The recovery of the excess salary paid to the petitioners should be withdrawn unless it is determined that the petitioners had any fraudulent role during their service period. The pensionary benefits of the petitioners shall be paid to them on the basis of the correct scale of pay that they were entitled to at the time of their retirement/death while in service.
JUDGMENT :
1. Heard Mr. Mofidul Islam, learned counsel for the petitioners. Also heard Mr. M. Nath, learned counsel for the PNRD, Mr. A. Chaliha, learned counsel for the Finance Department and Mr. D. Nath, learned Additional Senior Government Advocate for the authorities under the Pension Department.
2. The petitioners/predecessors-in-interest of the petitioners were all appointed as Secretary Gaon Panchayat/Lower Division Assistant/Office Assistant/Tax Collector/Peon/Chowkidar in different Gaon Panchayats/Anchalik Panchayats/Mahukma Parishads/Zilla Parishads in different districts in the State of Assam. All such appointments were made in the years 1964, 1966, 1974, 1975, 1981, 1984 and 1989, respectively. All the petitioners had either completed the terms of their appointment and retired upon attaining superannuation or they may have died during their service period, but in any view they had rendered the services for a considerable period of service entitling them to pension.
3. By the various communications of the respective authorities either in the Panchayati Raj Institutions or in the Directorate of Pension, Assam, certain amounts are sought to be deducted from the pensionary benefits of the petitioners on the ground that during their service tenure, they were, respectively, paid a higher salary than they were entitled under the law.
4. The detailed particulars of the respective petitioners as regards their appointments, retirements/death during service as well as the amounts claimed by the respondents to have been drawn in excess during the service period are extracted in a tabular form as below:
| Sl. No. | Name of the petitioners | Dates of appointments | Dates of termination from services, name of the Posts / Office from terminated, i.e. name of the Zilla Parishads (Z.Ps.) | Amounts recovered as Excess drawal / over payment of salaries and allowances from the pensionary benefits including gratuity etc. |
| 1. | Smti. Trishna Sarkar, W/o. Late Manik Kumar Sarkar | 03.01.1989 as LDA | 14.05.2018, expired as LDA under Dhubri Z. P. | Rs.2,61,886.00 |
| 2. | Sri Joy Bahadur Chetry | 01.07.1982 as Tax Collector | 31.12.2016, Tax Collector, Kopati G.P. under Darrang Z.P. | Rs.3,86,120.00 |
| 3. | Mst. Joygon Nessa, W/o. Late Kasim Uddin Ahmed | 17.07.1966 as Tax Collector | 31.05.2003, Tax Collector under Barpeta Z. P. | Rs.30,978.00 |
| 4. | Mst. Mir Zahan, W/o. Idris Ali Ahmed, | 01.06.1975 | 24.01.2002, G. P. Secretary (expired) under Barpeta Z. P. | Rs.61,321.00 |
| 5. | Mr. Alauddin Ahmed | 26.07.1974, Office Assistant | 30.09.1996, retired as Office Assistant under Goalpara Z. P. | Rs.24,026.00 |
| 6. | Sri Sarat Kalita, S/o. Late Palemdra Kalita | Secretary | 12.01.1996, Secretary (expired) under Dhemaji Z. P. | Rs.32,343.00 |
| 7. | Smti. Ruboshi Brahma, W/o. Late Moni Kanti Brahma | 22.02.1984 as Chowkidar | 11.08.2014, Chowkidar (expired) under Golaghat Z.P. | Rs.73,523.00 |
| 8. | Mr. Muktar Ali | 02.01.1975, Office Peon | 30.11.2012, retired as Office Peon under Barpeta Z.P. | Rs.48,224.00 |
| 9. | Sri Monohohan Bayan | 01.03.1964 as Peon | 31.12.2008, retired Peon under Barpeta Z.P. | Rs.72,368.00 |
| 10. | Sri Gopesh Chandra Namasudra | Tax Collector | 30.04.2006, retired as Tax Collector under Karimganj Z.P. | Rs.1,78,721.00 |
| 11. | Sri Guneswar Narzery | 01.10.1982 as Tax Collector | 31.10.2013, retired as Tax Collector under Bongaigaon Z.P. | Rs.88,858.00 |
| 12. | Sri Parimal Paul | 09.07.1976 as Grade-IV | 31.01.2018, as Secretary of Gatanga G.P. under Nagaon Z.P. | Rs.1,04,950.00 |
| 13. | Md. Azizur Rahman | 1974 as Grade-IV | 30.11.2016 as Head Assistant under Nagaon Z.P. | Rs.2,29,609.00 |
| 14. | Sri Dilip Kumar Biswas | 01.01.1981 as Peon | 31.12.2017, retired as Peon under Karimganj Z.P. | Rs.1,27,755.00 |
