JUDGMENT :

1. Heard Ms. P Baruah, learned counsel for the petitioner. Also heard Mr. K Gogoi, learned counsel representing the Higher Education Department and Mr. SK Medhi, learned standing counsel for the Accountant General (A&E)

2. The petitioner who retired as Principal from Murkong Selek College, Jonai as Lecturer on 31.12.2018 has preferred the instant writ petition challenging the impugned action of recovery of financial benefit already made to the petitioner on account of overstay in service from 01.01.2018 to 31.12.2018. The respondent authorities concerned have recovered/deducted an amount of Rs. 21,27,846/- from her pension and other benefits. The learned counsel submits that the overstay in service is not the fault of the petitioner and the petitioner was never informed at any point of time that her date of birth was wrongly recorded in her Service Book and therefore, such being the position, the recovery from her pension and other benefits cannot be done and the same should be refunded back to her. In support of her submission, the learned counsel has relied upon the judgment of the Apex Court in the case of State of Bihar & Ors. vs. Pandey Jagdishwar Prasad, reported in