Gajendra Nath Barman S/o Lt. Gauri Barman vs State of Assam L. R. and Secretary, Judicial Department, Government of Assam

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Gau) 232

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Manish Choudhury, J.
Gajendra Nath Barman S/o Lt. Gauri Barman - Appellant
Vs.
The State of Assam L.R. and Secretary, Judicial Department, Government of Assam - Respondent
WP(C) No. 3806 of 2021
Decided On : 23-03-2023

Advocates:
Advocate Appeared:
For the Appellant :Mr. A. Chetri, Advocate
For the Respondent:Mr. R. Dhar, Additional Senior Government Advocate, Assam, Mr. A. Baruah, Mr. R. Talukdar, Standing Counsel, Accountant General [A&E], Mr. A. Chaliha, Standing Counsel, Finance Department

Headnote:
Constitution of India, 1949 – Article 226 – Bihar Non-Government Secondary Schools [Take Over of Management and Control] Act, 1981 – Lower Division Assistant – Power of High Court to issue certain writs – Writ petition been preferred by petitioner seeking inter alia direction to respondent authorities to finalize pension and other pensioner benefits of petitioner by setting aside and quashing impugned Pension Payment Order – Held, Case of any of respondents that there was any act of mischief or misrepresentation or fraud petitioner in erroneous fixation of pay at any stage of his service career –Petitioner was establishment of respondent retired from service on superannuation – Court unhesitant view that recovery of petitioner towards excess drawl of pay –Petitioner has already deposited compelling situation amount is to be repaid to petitioner within receipt of a certified copy of this Order from petitioner by respondent – Writ petition stands allowed.

JUDGMENT AND ORDER :

The instant writ petition under Article 226 of the Constitution of India has been preferred by the petitioner seeking inter alia a direction to the respondent authorities to finalise the pension and other pensionary benefits of the petitioner by setting aside and quashing the impugned Pension Payment Order [PPO] no. 919111272711 and the Gratuity Payment Order [GPO] no. 11227271121 issued by the respondent no. 4.

2. To appreciate the contentions of the petitioner, it is necessary to have a brief narration about the background facts, which have led the petitioner to institute the writ petition.

3. After joining the establishment of the respondent no. 3, the petitioner’s service in the post of Lower Division Assistant [LDA] in the said establishment came to be confirmed by an order bearing no. DJK/ESSTT/II/95/203-212, E dated 03.02.1999. The career progression of the petitioner in the subsequent years happened in the following manner :-

3.1. The petitioner was promoted from the post of Lower Division Assistant [LDA] to the post of Upper Division Assistant [UDA] in the Scale of Pay of Rs. 3850-90-4480-120-4600-EB-120-5200-175-66-250-7350/- per month vide an order issued under Memo no. DJK/ESSTT/975-99, E dated 03.07.1999 passed by the respondent no. 3. In the year 2016, the petitioner was promoted from the post of UDA to Sheristadar in the Court of learned Munsiff No. 1, Kamrup [M], Guwahati with the Scale of Pay of Rs.5,200.00 – Rs. 20,200.00/- with Grade Pay of Rs. 3,100.00 in Pay Band – 2, as per the Revision of Pay [RoP] Rules, 2010, vide Order no. 54 dated 24.05.2016 of the learned District & Sessions Judge, Kamrup [M], Guwahati issued under Memo no. DJK/Esstt./2165-86, E dated 21.05.2016. After serving in the post of Sheristadar in the Court of learned Munsiff No. 1, Kamrup [M], Guwahati, the petitioner was promoted and posted as Sheristadar in the office of learned Civil Judge No. 2, Kamrup [M], Guwahati in the Scale of Pay of Rs. 8,000/- - Rs. 35,000/-, with Grade Pay of Rs. 4,200/- per month, in Pay Band – 3, as per the Revision of Pay [RoP] Rules, 2010, vide an Order no. 77 dated 22.07.2016 issued under Memo no. DJK/Esstt./3273-91, E dated 22.07.2016 of the District & Sessions Judge, Kamrup [M], Guwahati. The petitioner stood retired from service on and from 31.12.2018 on reaching the age of superannuation.

3.2. Subsequent to his retirement, the office of the respondent no. 3 forwarded the Service Book of the petitioner and the pension papers for release of his pension and other retirement benefits along with other necessary documents to the office of the respondent no. 4 on 20.06.2020 for processing. The Service Book and the pension papers were returned by the office of the respondent no. 4 vide its letter dated 30.09.2020 to the respondent no. 3 seeking certain clarifications with a request to make certain rectifications. The office of the respondent no. 3 re-submitted the Service Book and the pension papers to the office of the respondent no. 4 vide a letter dated 15.12.2020 after making the necessary rectifications in deference to the letter dated 30.09.2020 along with a Due and Drawn Statement in respect of the petitioner.

3.3. In the letter dated 15.12.2020 of the respondent no. 3, the said authority had referred to the Statement of Pay prepared by the office of the respondent no. 4, returned with the Service Book, wherein it was mentioned that one annual increment had lapsed on 01.07.2006. It may be stated that in the letter dated 30.09.2020, the respondent no. 4 had mentioned that no promotional benefit would be admissible to the petitioner on promotion to the post of Sheristadar in the Court of learned Civil Judge No. 2, Kamrup [M], Guwahati on and from 01.07.2016 since he was already granted Grade Pay of Rs. 8,000/-. In response, the respondent no. 3 had stated that although the Grade Pay of an UDA and the Grade Pay of the Sheristadar in the Civil Judge [Jr. Division] were same but the post of Sh