IMPORTANT POINT
Recovery of authorized increments from pension is impermissible without due process; prior court rulings must be respected.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

Heard Mr. S. Borthakur, learned counsel for the petitioner. Also heard Mr. C. K. S. Baruah, learned Government Advocate appearing for the State respondents.

2. The challenge in the present proceeding is to an Gratuity Payment Order (GPO) dated 08.07.2021, issued by the Office of the Principal Accountant General (A & E) Assam, wherein, recovery of Rs. 3,15,350/- (Rupees Three Lakhs Fifteen thousand Three hundred Fifty) was directed from the Death Cum Retirement Gratuity (DCRG) so authorized to the petitioner towards the over payment of pay and allowances to him during his service tenure.

3. The brief facts requisite for adjudication of the issue arising in the present proceeding is noticed as under:-

The petitioner herein was recruited as a Constable in the Assam Police in the year 1982. The petitioner, at the time of his initial recruitment was a matriculate. The petitioner, thereafter, completed his Higher Secondary Examination in the year 1984. On acquiring the Higher Secondary qualification, the petitioner, w.e.f. 09.10.1985, was granted two advance increments for the Higher Secondary qualification so acquired by him. The advance increments as granted to the personnel of the Assam Police for acquiring higher qualification, came to be withdrawn vide a communication dated 03.07.2009. Being aggrieved, persons who were authorized with the said increments approached this Court by way of instituting WP(C)/5630/2010 assailing the same.

This Court, vide Judgment and Order dated 22.05.2018 , was pleased to interfere with the said communication dated 03.07.2009. On the interference being so made, the police personnel who had approached this Court by way of instituting the said writ petition being WP(C) No. 5630/2010, were re-authorized the two advance increments by the respondent authorities vide an order dated 29.09.2018.

The petitioner herein, while working as a Sub-Inspector of Police (UB) in the establishment of the Superintendent of Police, Karimganj, retired from his services on reaching the age of superannuation w.e.f. 31.01.2010. The petitioner herein, in pursuance to his retirement from service, was authorized a provisional pension and was also paid a provisional DCRG. Thereafter, the pension and pensionary benefits of the petitioner came to be finalized and the Office of the Accountant General (A & E) Assam, vide the Pension Payment Order (PPO) No. 904411275781 dated 08.07.2021. The Office of the Accountant General (A & E) vide GPO No. 41227578121 dated 08.07.2021 also authorized to the petitioner his DCRG. While authorizing to the petitioner his DCRG, the said GPO mandated recovery of the provisional DCRG drawn by the petitioner along with an amount of Rs. 3,15,350/-, which was stipulated therein, to be mandated to be recovered on account of overdrawal of pay and allowances by the petitioner. The overdrawal of pay of Rs. 3,15,350/-, as mandated by the GPO dated 08.07.2021, was in connection with the advance increments drawn by the petitioner for the higher qualification acquired by him during his service tenure.

The petitioner, thereafter, approached the authority for refund of the amount so recovered from him towards the advance increment granted to him, however, the matter though processed, the same was not taken to its logical conclusions and the amount recovered not being refunded to the petitioner herein, he has instituted the present proceeding.

4. Mr. S. Borthakur, learned counsel for the petitioner by reiterating the facts as noticed herein above, has submitted that the recovery of pay and allowances drawn by the petitioner was not permissible in view of the fact that the petitioner was authorized the same, way back in the year 1985; and he has continued to draw the same. The said two advance increments having been granted to the petitioner by the respondent authorities and there being no misreprese