GAHC010108962023 2026:GAU-AS:1216 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/3222/2023 SUBRATA DEVI W/O- LATE SATISH CH. SARMA, R/O- PORAKUCHI, P.O. KUMARKUCHI, DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS.

REPRESENT THROUGH THE SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, ASSAM, DISPUR, GUWAHATI-06, KAMRUP.

2:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT ASSAM JURIPAR PANJABARI GUWAHATI-37.

3:BLOCK DEVELOPMENT OFFICER PUB-NALBARI DEVELOPMENT BLOCK DIGHELI.

4:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-06.

5:THE ACCOUNTANT GENERAL ASSAM MAIDAMGAON BELTOLA GUWAHATI-29 Advocate for the Petitioner : MR. S K BARKATAKI, MR D K NATH,MS B SHARMA,MS M DAS Advocate for the Respondent : SC, P AND R.D., SC, AG,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 28-01-2026 Heard Mr. D.K. Nath, learned counsel for the petitioner. Also heard Mr. K. Konwar, learned Addl. A.G. Assam appearing for the respondent Nos. 1 to 3, Mr. A. Chaliha, learned standing counsel, Finance Department, Assam appearing for the respondent No. 4 and Mr. P. Chakraborty, learned standing counsel office of the AG(A&E), Assam representing respondent No. 5.

2. The petitioner by way of instituting the present proceeding has presented a challenge to the deduction effected in respect of the pensionary benefits receivable by the husband of the petitioner for an amount of Rs. 18,37,500/- (Rupees Eighteen Lakhs Thirty Seven Thousand Five Hundred) being the salary drawn by her husband for the period w.e.f. 01-04-2016 to 30-04-2019 on the ground of overstay in service.

3. The husband of the petitioner had joined his services as a “Gram Sevak”. Basing on the matriculation certificate of the petitioner’s husband, the date of his retirement came to be recorded in his service book as 31-03-2019. Accordingly, the husband of the petitioner, was allowed to proceed on retirement on reaching the age of superannuation w.e.f. 31-03-2019. After his such retirement occasioning on 31-03-2019, the respondent authorities upon verifying his service book along with the age reflected in his HSLC certificate, it was found that the petitioner’s husband was to retire from his services w.e.f. 31-03-2016. Said computation was made on the basis of the age reflected in his said matriculation certificate, wherein he was shown to be 17 years as on 01-03-1973. The issue having come to the notice of the respondent authorities, further processing of the pension and pensionary benefits receivable by the husband of the petitioner was kept pending. Thereafter, the respondent authorities corrected the date of birth of the petitioner in his service book as 01-03-1956 and basing thereon the date of retirement was computed as 31-03-2016. Petitioner having continued his services till 31-03-2019, it was held by the respondent that the husband of the petitioner for the period w.e.f. 01-04- 2016 to 31-03-2019 would not be entitled to draw any pay and allowances. Basing on the said processing, the pension proposal of the petitioner was prepared and forwarded to the office of the AG(A&E), Assam and therein it was stipulated that the amount of Rs. 18,37,500/- (Rupees Eighteen Lakhs Thirty Seven Thousand Five Hundred) was required to be recovered from his pension and pensionary benefits, inasmuch as, the petitioner was found to have drawn the said amount as salary for the period w.e.f. 01-04-2016 to 31-03-2019. Thereafter, the petitioner’s husband was authorized his pension and pensionary benefits with the recovery of an amount of Rs. 18,37,500/- which was held to be over drawl of salary and other allowances. The husband of the petitioner unfortunately passed away on 11-12-2021. The petitioner had, thereafter, instituted the present proceeding praying for authorizing to her the said deducted amount of Rs. 18,37,500/- (Rupees Eighteen Lakhs Thirty Seven Thou