JUDGMENT

Achintya Malla Bujor Barua, J. - Heard Mr. PK Deka, learned counsel for the petitioner. Also heard Mr. R. Mazumder, learned counsel for the respondents No. 1 to 5, Mr. B. Gogoi, learned counsel for the respondents No. 6, 7 and 9 and Mr. B. Deuri, learned counsel for the Pension Department.

2. The petitioner who was working as a Subject Teacher of Salkocha H.S. School in the district of Dhubri, Assam retired from service on attaining the age of superannuation on 30.06.2011. After her retirement, when the matter was processed for payment of her pensionery benefits, the communication dated 04.08.2016 of the Finance and Accounts Officer in the office of the Directorate of Pension, Assam was made addressed to the Inspector of Schools, Dhubri Assam, by which, it was provided that during her service tenure, the petitioner was paid a salary higher than her actual scale. Accordingly, by the said communication, the Inspector of Schools, Dhubri, Assam was required to do the needful.

3. The said communication has been assailed in this writ petition on the ground that as per the law laid down by the Hon'ble Supreme Court, recovery from the pensionery benefits cannot be made in respect of