JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. B. Baruah, the learned counsel appearing on behalf of the petitioner and Mr. P. N. Sharma, the learned Standing counsel appearing on behalf of the respondent Nos. 1, 4, 5 and 6. I have also heard Mr. B. Gogoi, the learned Standing counsel appearing on behalf of the respondent Nos. 2 and 8 and Mr. S.R. Baruah, the learned Standing counsel appearing on behalf of the respondent Nos. 3 and 7.

2. Taking into account the facts involved in the instant case, this Court takes up the matter for disposal at the stage of motion itself.

3. The case of the petitioner herein is that the petitioner was appointed as an Assistant Teacher in Deroibam L.P. School in the year 17.02.1984 pursuant to which he joined his duty at the place of posting and retired on 31.03.2018. Pursuant to his retirement, the pension papers along with his service book have been processed by the respondent authorities and accordingly the same was submitted before the Director of Pension, Assam to finalize the pensionary benefits payable to the petitioner. The petitioner was also issued a Pension Payment Order No. ADP/PPO/GPO/2020/064133 and the amount of monthly pension before commutation stood at Rs. 22,950/- per month w.e.f. 01.04.2018 up to the period of 01.03.2025 at the said rate. However, the Finance and Accounts Division in the Office of the Directorate of Pension, Assam through their letter under Memo No. ADP/PPO/GPO/2018-19/064133 dated 06.03.2020 issued to the Treasury Officer, Dibrugarh requesting to release the pension amount of Rs. 22,950/- per month to the petitioner with a copy of the communication was issued to the Deputy Inspector of Schools, Dibrugarh. The aforesaid communication mentioned the requirement of disbursing the pension w.e.f. 01.04.2018 to the retired teacher i.e. the petitioner after completion of all formalities as per the procedure.

4. Furthermore, the Finance and Accounts Officer, Assam through another communication dated 06.03.2020 enclosed the copy of the communication to the Treasury Officer dated 06.03.2020 wherein the retirement benefits i.e. the Death-Cum-Retirement Gratuity component was directed to be released to the retired teacher-petitioner as per the amount admissible to the petitioner, less recoveries made from the petitioner’s due retirement benefits. Thereupon, the Finance and Accounts Officer, Directorate of Pension i.e. the respondent No. 7 herein had issued a communication to the Deputy Inspector of Schools, Dibrugarh wherein it has been mentioned that while checking the pension proposal of the petitioner, certain deficiencies were found for which the pensionary benefits could not be finalized. The deficiency/shortcoming in the service book/pension papers may be examined and if found in order, appropriate steps may be taken to remove the deficiency. In the said communication, it was mentioned that the petitioners pay on 01.04.2016 was to be revised at Rs. 43,250/- per month instead of Rs. 48,960/- per month. The excess payment w.e.f. 01.04.2016 to 31.03.2018 may be calculated. It was also mentioned that the Head of Office may take necessary action to waive the excess payment as per the Government O.M. No. Fin (EC-III)1808/2018/2 dated 14.06.2019. Further to that, it was also mentioned that the copy of sanctioning order of encashment of unutilized Earned Leave is required to be furnished and rectifications should be recorded in the Service Book.

5. Subsequent thereto, as the respondent authorities were not finalizing the pension papers of the petitioner, the petitioner was compelled to deposit an amount of Rs. 1,57,395/- on 20.12.2019. It was only after the deposit so made that the respondent authorities have finalized the pension of the petitioner and the petitioner presently is receiving his pension and other pesionary benefits.

6. The case of the petitioner herein is that the fixation of pay of the petitioner at Rs. 48,960/- instead of Rs. 43,250/- was done by the respondent autho