Back
DEVASHIS BARUAH
Trailokya Baruah S/o Late Dino Ram Baruah – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. B. D. Das, the learned senior counsel assisted by Ms. K. Phukan, the learned counsel for the petitioner and Mrs. D. Borah, the learned Standing Counsel appearing on behalf of the respondent Nos.1 to 5. Also heard Ms. A. Lala, the learned Standing Counsel appearing on behalf of the Principal General Accountant (A&E), Assam as well as Mr. R. Borpujari, the learned counsel appearing on behalf of the Treasury Officer, Nagaon.
2. The instant writ petition has been taken up for disposal at the motion stage.
3. The case of the petitioner herein is that the petitioner was appointed as the Pharmacist in the Manja Primary Health Centre, Karbi Anglong on 10.10.1984 on temporary basis, and subsequently, the service of the petitioner was confirmed by the Chief Medical & Health Officer, Karbi Anglong, Diphu w.e.f 10.10.1984 vide an dated 12-9-1988. Accordingly, the Service Book of the petitioner was prepared by the authority at his initial place of posting after submission of his school certificates and other educational documents. It is further stated in the writ petition that pursuant to an order dated 02.11.1988 issued by the Additional Director of Health Services, Assam, th
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 of excess payments is impermissible if it causes undue hardship, especially when no fraud is involved.
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 salary for overstay is impermissible where no fraud is established, and the employee was allowed to work without objection from the employer.
An employer has a mandatory duty to timely process pension papers. A retiree cannot be denied terminal benefits due to service gaps caused by administrative deadlocks or departmental delays where no ....
Service - Retirement benefits - Not entitled for - Petitioner appears to be not bona-fide and a wrong doer cannot claim the privilege of his own wrongful conduct and it will be wholly unjustified one....
Recovery of excess payments made without employee fault is impermissible, especially if it causes hardship.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
