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DEVASHIS BARUAH
Madan Borah S/o Padmanath Borah – Appellant
Versus
State of Assam – Respondent
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 commutat
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 amount paid to a retired employee just before their retirement may be impermissible, as established by the law laid down by the Supreme Court in Rafiq Masih (supra).
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