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MANISH CHOUDHURY
Gajendra Nath Barman S/o Lt. Gauri Barman – Appellant
Versus
State of Assam L. R. and Secretary, Judicial Department, Government of Assam – Respondent
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 issue
Any amount paid/received without the authority of law can always be recovered barring few exceptions of extreme hardships but not as a matter of right, in such situations law implies an obligation on....
Recoveries from retired employees based on erroneous salary payments are impermissible, emphasizing equitable treatment and judicial discretion in enforcing employee rights.
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