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DEVASHIS BARUAH
Namar Ali Barbhuiya S/o Late Towahir Ali Barbhuiya – Appellant
Versus
State Of Assam – Respondent
JUDGMENT AND ORDER :
Heard Mr. JUNM Laskar, the learned counsel appearing for the petitioner. Mr. P.K. Borah, the learned counsel appears on behalf of the Elementary Education Department, Mr. S.R. Baruah, the learned Standing Counsel appears on behalf of the Director of Pension, Mr. R. Borpujari, the learned Standing Counsel appears on behalf of the Finance Department and Mr. R. Dhar, the learned Standing Counsel appears on behalf of the Accountant General (A & E) Assam.
2. The case of the petitioner herein is that the petitioner was initially appointed on 1/1/1974 as an Assistant Teacher and posted at R.C. M.E. Madrassa Hatirhar, District -Cachar, Assam. Thereupon the service of the petitioner was confirmed vide an order dated 17/10/1977 as recorded in the order dated 30/7/2000. Thereupon the petitioner retired from service on 29/2/2016. The pension papers of the petitioner were sent to the Office of the Director of Pension wherein on account of a deficiency as pointed out by the Office of the Director of Pension on 10/7/2019 there was excess drawal on account of a wrong fixation of pay. The deficiency as stated in the communication dated 10/7/2019 being relevant is quoted herein un
Recovery from retired employees, or employees who are due to retire within one year of the order of recovery, is impermissible in law.
Recovery of excess pension payments from a retiree is impermissible when the overpayment resulted from a bona fide administrative error by the state, rather than through misrepresentation or fraud by....
Recovery from pension benefits cannot be made in respect of any salary that was paid to an employee during their service period for no fault of their own.
Service Law – Pension - Excess payment – Recovery of - In the event an excess salary is paid to an employee during his/her service tenure because of no fault of his/her, such excess payment cannot be....
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