JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. K.M. Mahanta, the learned counsel for the petitioner and Mr. S.P. Sharma, the learned counsel appearing on behalf of the respondent Nos. 1 to 5.

2. The instant writ petition has been filed challenging the action on the part of the respondent authorities in deducting an amount of Rs. 7,36,614/- on the ground that Late Prasanna Ch. Barman had drawn excess pay and allowances as well as for a direction upon the respondent authorities to reimburse the said amount already deducted with interest @ 12% per annum and to pay all other retirement dues as admissible under the law to the petitioners who are the legal representatives of Late Prasanna Ch. Barman.

3. The case of the petitioners herein is that they are the legal representative of Late Prasanna Ch. Barman who worked as Lineman-II in the Assam Power Distribution Company Limited at Nagaon. The petitioner No. 1 is the wife of the Late Prasanna Ch. Barman who is presently paralyzed as submitted by the learned counsel for the petitioners and the petitioner No. 2 is his son. Late Prasanna Ch. Barman was born on 31.12.1952 as per his school certificate which was reflected in the Service Book. He initially joined in the post of Sahayak on 01.08.1978 on temporary basis and after completion of 8 years of service as Sahayak, he was promoted to Senior Sahayak in terms of the Board’s Circular No. ASEB (IR) 26/82/276 dated 16.08.1986 in the scale of pay of Rs. 495-15-645-EB-17-730/- per month and his pay was fixed as Senior Sahayak at Rs. 645/-. The services of Late Prasanna Ch. Barman was confirmed in the post of Senior Sahayak vide Office Order No. 92 dated 29.03.1993 with effect from 01.08.1983. During his tenure as Senior Sahayak, Late Barman was promoted to the post of Lineman-II vide CEO, NEC O.O. No. 387 dated 21.12.2005 and joined as Lineman-II on 29.12.2005, in the scale of pay of Rs. 3,150/- dated 20.12.2005 and his pay was fixed at Rs. 6,490/- on 29.12.2005. Thereafter, Late Barman got an increment in the post of Lineman-II vide Office Order No. 105 dated 25.06.2008 at Rs. 6630/-. Subsequent thereto, the second stagnation increment was granted to Late Barman vide Office Order No. 7 dated 12.01.2010 at Rs. 6,770/- and got the incremental benefit with effect from 08.12.2009 during E/L. Thereafter, the pay of Late Barman was revised from time to time and he was granted the revised scale of pay as fixed by the authorities from time to time and as on the date of expiry of Late Barman, he was drawing fixed pay of Rs. 19,360/-.

4. At this stage, it is relevant to take note of that on 19.09.2014, Late Barman expired leaving behind the petitioners. The respondent authorities when informed about the death of Late Barman had advised the petitioners to submit the death certificate so that other formalities regarding pay and pension can be processed. On submission of the death certificate, a letter bearing No. APDCL/CAR/PEN/37/16/21/3 dated 31.05.2016 was issued and sent to the petitioners’ house by the respondent No. 2 wherein it was mentioned that there is an outstanding liability of Rs. 7,36,614/- against Late Prasanna Ch. Barman, Ex. Lineman-II being excess drawn pay and allowances and overdrawn amount with interest.

5. In view of the death of the sole bread earner of the family, the petitioners suffered from severe financial hardship and time and again visited the Office of the respondent No. 5 enquiring about retirement benefits and prayed that the authorities not to levy any charges on the legitimate dues. However, the respondent authorities informed the petitioners that the money would be deducted from the retirement benefits. The petitioner No. 1 thereafter suffered from severe shock and trauma leading to stroke. The petitioner No. 2 remained unemployed and was compelled to do odd jobs so that he could support his mother (petitioner No. 1) as well as her medicines so that she could live. The petitioners were further informed that Late Prasanna Ch.