Mukuta Hazarika v. the State of Assam and 4 Ors.
Case brief
What is this about?
Assam pension writ petition; finalization of pensionary benefits of retired Assistant Teacher (Graduate Scale); bar on recovery of excess drawal from a retiree per Clause 4 point Nos. (i)-(v) of OM No. Fin (EC-III).1808/2018/2 dated 14.06.2019; MACP Scheme benefit claimed for upgradation w.e.f. 01.01.1994; Communication No. DP. ADP/2021-22/2021/09/0178 dated 05.03.2022 returning pension proposal as defective; representation dated 16.02.2023; Director of Pension; Finance and Accounts Officer; Inspector of Schools Dhemaji; Bordoloni Higher Secondary School; Craft Teacher (Tailoring) appointment 19.03.1983; regularization 12.04.1988; retirement 31.03.2021; Article 226; Gauhati High Court; Justice Robin Phukan; WP(C)/2586/2023; order dated 12.11.2025; four-week compliance timeline; no precedents discussed.
What did the court decide?
Petition disposed of with directions: (i) no recovery of the excess drawal, the petitioner having retired on 31.03.2021, in view of point Nos. (i)-(v) of Clause No. 4 of the OM dated 14.06.2019; (ii) respondent Nos. 3, 4 & 5 to finalize the petitioner's pension and pensionary benefits within 4 weeks of receipt of the certified copy of the order; (iii) petitioner to place the certified copy before the respondent authorities within 1 week.