JUDGMENT

Achintya Malla Bujor Barua, J. - Heard Mr. PK Das, learned counsel for the petitioner. Also heard Mr. B Deori, learned Government Advocate, Mr. B Gogoi, learned standing counsel for the Finance Department and Mr. R Mazumdar, learned counsel for the Secondary Education Department of the Government of Assam.

2. The petitioner was working as Assistant Teacher of Aitaree Girls High School, Nalbari and he retired from service on attaining the age of superannuation on 31.03.2017. After his retirement, when the matter was processed for payment of his pensionery benefits, the communication dated 07.05.2018 of the Finance and Accounts Officer in the office of the Directorate of Pension, Assam was made addressed to the Inspector of Schools, Nalbari, 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 Inspector of Schools, Nalbari, 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 benefits cannot be made in respect