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DEVASHIS BARUAH
Sharmila Roy Das W/O Mr. Benudhar Das – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Heard Mr. B.D. Das, the learned Senior Counsel assisted by Mrs.R. Deka, the learned counsel for the petitioner, Mr. K.Gogoi and Mr. D Upamanyu, the learned counsels appearing on behalf of the Higher Secondary Department, Mr. R.K. Talukdar, the learned counsel appearing on behalf of the Accountant General (A & E) and Mr. R. Borpujari, Advocate appearing for the Treasury Officer. None appears on behalf of the respondent No. 3 although service has been duly meted upon the said respondent.
2. The issue involved in the instant writ petition is as to whether the respondents in the Higher Education Department can recover from the retiral benefits of the petitioner, the salary for the period from 1/11/2021 to 31/10/2022 on the basis of a communication dated 14/11/2021 issued by the Senior Accounts Officer of the Office of the Principal Accountant General (A & E).
3. The brief facts of the instant case is that the petitioner herein was appointed as an Assistant Professor in the Department of English by an order dated 26/12/1988 on the basis of the selection made by the authorities pursuant to an advertisement. At the time of joining the petitioner submitted her Admit Card issued by
Point of Law : Note under Service Rule 8 of the FR & SR clearly stipulates that the Head of the Office should record the date of birth in the Service Book of a non-gazetted government servant on his ....
Recovery of excess salary from a retired employee is impermissible when no fraud is established, and the employee worked without objection for an extended period.
Recovery from the salaries for the period of overstay was unjustified due to the petitioners' good faith service and the authorities' failure to detect discrepancies in their dates of birth.
Recovery of excess payments is impermissible if it causes undue hardship, especially when no fraud is involved.
Recovery of salary for overstay is impermissible where no fraud is established, and the employee was allowed to work without objection from the employer.
Recovery of excess payments made without employee fault is impermissible, especially if it causes hardship.
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