Back
DEVASHIS BARUAH
Nilufar Islam D/O. Lt. Sirajul Islam – Appellant
Versus
State of Assam, to be Rep. by the Secretary to the Govt. of Assam, Education Deptt. – Respondent
JUDGMENT :
Heard Mr. I. Hussain, the learned counsel for the petitioner and Mr. K. Gogoi, the learned counsel appearing on behalf of the respondent Higher Education Department, Assam, i.e. the respondent Nos. 1 to 3. Also heard Mr. D. Deka, the learned counsel appearing on behalf of the respondent No. 4 & 6; Ms. D. D. Barman, the learned Additional Senior Government Advocate, Assam for the respondent No. 5 and Mr. S. K. Mazumdar, the learned counsel appearing on behalf of the respondent No. 7
2. The instant writ petition has been filed by the petitioner challenging the communication dated 11.06.2018 and the reference letter bearing No.DHE/PEN/270/2017/pt/5 dated 11.06.2018, for a direction to the respondent authorities to release the gratuity and leave encashment along with finalization and release of provisional pension as well as also for a direction upon the respondent authorities not to adjust the amount of salary which the petitioner has already received from 01.05.2014 to 30.04.2017 on the ground of overstay in service.
3. The facts of the instant case are that the petitioner did her schooling at Pine Mount School, Shillong and in the year 1972, she qualified in the Indian Schoo
Recovery from the salaries for the period of overstay was unjustified due to the petitioners' good faith service and the authorities' failure to detect discrepancies in their dates of birth.
Recovery of excess salary from a retired employee is impermissible when no fraud is established, and the employee worked without objection for an extended period.
Recovery of salary for overstay is impermissible where no fraud is established, and the employee was allowed to work without objection from the employer.
Recovery of excess payments is impermissible if it causes undue hardship, especially when no fraud is involved.
The petitioner's silence regarding the wrong date of birth did not amount to fraud, and the recovery of salary for the period of overstay was interfered with.
Recovery from pensionary benefits is impermissible when the employee has rendered service during the overstayed period without prior notice of the excess payments to be recovered.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
