JUDGMENT

Achintya Malla Bujor Barua, J. - Heard Mr. BP Borah, learned counsel for the petitioner, Ms. N Phukan, learned standing counsel for the Elementary Education Department of the Government of Assam, Mr. A Chaliha, learned counsel for the Finance Department and Mr. SR Barua, learned Government Advocate.

2. The petitioner who was working as a Assistant Teacher of Sapkait LP School in the district of Dibrugarh, Assam retired from service on attaining the age of superannuation on 31.12.2017. After his retirement, when the matter was processed for payment of her pensionery benefits, the communication dated 25.09.2019 of the Finance and Accounts Officer in the office of the Directorate of Pension, Assam was made addressed to the Deputy Inspector of Schools, Dibrugarh Assam, 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 Deputy Inspector of Schools, Dibrugarh, Assam was required to do the needful.

3. The said communication has been assailed in this writ petition on the ground that as per the law laid down by the Hon ble Supreme Court, recovery from the pensionery benefi