IMPORTANT POINT
Recovery of excess payments made without employee fault is impermissible, especially if it causes hardship.

JUDGMENT :

Heard Mr. J. Payeng, learned counsel for the petitioner; Mr. D. Bora, learned Junior Government Advocate, Assam for the respondent nos. 1 – 4; Mr. A. Chaliha, learned Standing Counsel, Finance Department for the respondent nos. 5 & 8; and Mr. S.K. Medhi, learned Standing Counsel, Principal Accountant General [A&E], Assam for the respondent nos. 6 & 7.

2. The petitioner herein is the wife of Late Dulal Chandra Patgiri, who served in the Assam Police. The petitioner’s husband, who retired from service as a Constable on superannuation, died on 25.06.2022 after retirement. After retirement and before his death, Dulal Chandra Patgiri submitted all the relevant documents before the employer for processing and finalizing his retiral benefits including monthly pension. After submission of those documents, the respondent no. 4 passed an Order vide Memo no. RA/DBB/Pen/2021/712 dated 09.03.2021 stating that as per Service Book of Dulal Chandra Patgiri, his date of birth was written as 13.02.1961. The Order further mentioned that when the employee, Dulal Chandra Patgiri was asked to submit a copy of his HSLC Admit Card for correction of his date of birth, the employee submitted his HSLC Admit Card and HSLC Pass Certificate on 09.03.2021. As per the HSLC Admit Card and HSLC Pass Certificate, his date of birth was 18.03.1960. The Order further recorded that Late Dulal Chandra Patgiri had to go on superannuation w.e.f. 31.03.2020 and he received salary upto the month of February, 2021 which resulted into overdrawal of pay and allowances for 11 [eleven] months, and the same had to be recovered from his pensionary benefits.

3. Subsequent to the Order dated 09.03.2021, the Office of the Principal Accountant General [A&E], Assam issued a Letter dated 08.06.2022 to the Inspector General Police [Administration], Assam returning the pension papers of Dulal Chandra Patgiri to resubmit it after doing the needful, as mentioned therein.

4. When the matter of finalization of pension and other benefits in respect of the service of Dulal Chandra Patgiri was being processed, Dulal Chandra Patgiri expired on 25.06.2022. After the death of Dulal Chandra Patgiri on 25.06.2022 the petitioner was informed that there would be recovery of an amount of Rs. 4,58,698/- from the retiral benefits of Late Dulal Chandra Patgiri due to overdrawal of pay and allowances. Aggrieved thereby, the petitioner has approached this Court by this writ petition seeking inter-alia a direction to the respondent authorities not to recover the amount of Rs. 4,58,698/-, which was shown in the Letter dated 08.06.2022 [supra], as the amount towards overdrawal of pay and allowances for 11 [eleven] months beyond 31.03.2020.

5. It transpires that Late Dulal Chandra Patgiri served for a period of 11 [eleven] months beyond 31.03.2020 due to non-reflection of his date of birth in his Service Book.

6. An affidavit-in-opposition has been filed on behalf of the respondent no. 4. The reasons for which Late Dulal Chandra Patgiri had worked for a period of 11 [eleven] months from 01.04.2020 to 28.02.2021, beyond 31.03.2020, have been stated in Paragraph 6 as follows :-

6. That with regard to the statement made in paragraph 5 of the Writ Petition the answering Deponent respectfully states that as per service sheet during entry in service in the 1 st page of Service Sheet, the Date of Birth of Constable [B] Dulal Ch. Patgiri is noted as 13.02.1961. There is no documentary proof of Date of Birth found in his Service Sheets as well as Personal Folder at the time of joining service. On receipt of communication from the Deputy Inspector General of Police [MPC], Assam, Ulubari, Guwahati regarding list of employees to go on superannuation vide Letter No. E/II-18,426/Pt-XI/1, Dated 25.06.2020, all the employees under the list were asked to submit proof of date of birth for preparation of pension case vide this office Signal No. RA/DBB/2020/1418, Dated 15.07.2020. A Letter was sent to Deputy Inspector Gener