GAHC010183032025

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/4907/2025

KANBAR DAS

S/O- LATE METAKA DAS , VILL- HUJ GAON, P.O- DHAKUAKHANA, DIST-

LAKHIMPUR, ASSAM,PIN-787055

VERSUS

THE STATE OF ASSAM AND OTHRS

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF ASSAM, DEPARTMENT OF SECONDARY EDUCATION, DISPUR,

GUWAHATI-781006

2:THE DIRECTOR OF SECONDARY EDUCATION

ASSAM

KAHILIPARA

GUWAHATI-19

3:THE INSPECTOR OF SCHOOLS LAKHIMPUR DISTRICT CIRCLE

LAKHIMPUR

ASSAM

PIN-787001

4:THE COMMISSIONER AND SECRETARY

TO THE GOVT. OF ASSAM

DEPARTMENT OF FINANCE

DISPUR

GUWAHATI-781006

5:THE TREASURY OFFICER

DHAKUAKHANA SUB- TREASURY

DIST- LAKHIMPUR

ASSAM

6:THE DIRECTOR OF PENSION ASSAM DISPUR GUWAHATI-06

7:THE FINANCE AND ACCOUNTS OFFICER DIRECTORATE OF PENSION ASSAM DISPUR GUWAHATI-06

8:THE HEAD MASTER PUB DHAKUAKHANA JANJATI HIGH SCHOOL DHAKUAKHANA DIST- LAKHIMPUR ASSA Advocate for the Petitioner : MR. M S ALAM, MS. A BEGUM,MR. S. ALOM Advocate for the Respondent : SC, SEC. EDU., SC, FINANCE,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

ORDER

Date : 10.12.2025 Heard Mr. S. Alom, learned counsel for the petitioner. Also heard Ms. P. Das, learned standing counsel for the respondent Nos. 1, 2 and 3; Ms. R.M. Barooah, learned standing counsel for the respondent Nos. 4 and 5; and Mr. G. Pegu, learned Addl. Senior Government Advocate for the respondent Nos. 6 and 7.

2. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the order dated 16.05.2025 (Annexure – 3), issued by the Finance and Accounts Officer, Directorate of Pension, Assam directing the Treasury Officer, Dhakuakhana to recover the excess payment of Rs. 1,16,666/- against the head of provisional DCRG and Rs. 93,216/- against the head of provisional pension from the petitioner. Further, the petitioner has prayed for issuing direction to the respondent authorities to waive the said excess payment of Rs. 1,16,666/- against the head of provisional DCRG and Rs. 93,216/- against the head of provisional pension, which was received by the petitioner due to wrong fixation of his scale of pay on 01.01.1996.

3. Mr. Alom, learned counsel for the petitioner submits that the petitioner had retired from service as Assistant Teacher of Pub-Dhakuakhana Janajati High School, on 28.02.2018. Mr. Alom further submits that after his retirement, he had received provisional pension and some portion of the DCRG. But, his pension was finalized vide order dated 16.05.2025 (Annexure – 3) and vide said order, the respondent authorities have initiated the process for recovery of excess payment of Rs. 1,16,666/- against the head of provisional DCRG and Rs. 93,216/- against the head of provisional pension from the petitioner. Mr. Alom further submits that in view of the Office Memorandum of the Finance Department, dated 14.06.2019, bearing No. Fin(EC-III).1808/2018/2 and also in view of the decision of Hon’ble Supreme Court in the case of State of Punjab and Others vs. Rafiq Masih (White Washer), reported in (2015) 4 SCC 334, the respondent authorities are not entitled to recover the excess drawal amount as the same was not on account of fault of the petitioner. Under such circumstances, Mr. Alom has contended to issue direction to the respondent authorities to waive the excess drawal amount.

4. Ms. Das, learned standing counsel for the respondent Nos. 1, 2 and 3 submits that she may be granted some time to obtain instruction. But, it appears that earlier on two occasions, adjournments were granted to Ms. Das to obtain necessary instruction, and she has failed to obtain the same, instead she has again prayed for granting some time. Her prayer stands rejected.

5. Mr. Pegu, learned Addl. Senior Government Advocate for the respondent Nos. 6 and 7 submits that the instruction as asked for, vide order dated 27.08.2025, is not available. However, on 27.08.2025, Mr. B. Deuri, learned Government Advocate for the respondent Nos. 6 and