JUDGMENT

Achintya Malla Bujor Barua, J. - Heard Mr. F.A. Laskar, learned counsel for the petitioner. Also heard Mr. N.J. Khataniar, learned counsel for the Elementary Education Department and Mr. B. Deuri, learned counsel for the Pension Department.

The petitioner is also allowed to implead the Finance Department as the respondent No.6. Mr. A. Chaliha, learned counsel appears for the respondent No.6.

2. The petitioner who was working as a Headmaster of Chebra M.E. School in the district of Hailakandi, Assam retired from service on attaining the age of superannuation on 31.10.2019. After his retirement, when the matter was processed for payment of his pensionery benefits, the communication dated 09.10.2020 of the Finance and Accounts Officer in the office of the Directorate of Pension, Assam was made addressed to the District Elementary Education Officer, Hailakandi, by which, it was provided that during his service tenure, the petitioner was paid a salary higher than his actual scale. Accordingly, by the said communication, the District Elementary Education Officer, Hailakandi, Assam was required to do the needful.

3. The said communication has been assailed in this writ petition on t