Nural Islam Miah Vs the State of Assam and 5 Ors.

1: THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, PENSION AND PUBLIC GRIEVANCES DEPARTMENT, DISPUR, GUWAHATI- 781006

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2:THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI 781006

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3:THE DIRECTOR OF ELEMENTARY EDUCATION DEPARTMENT ASSAM KAHILIPARA GUWAHAT I- 781019

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4:THE DIRECTOR OF PENSION

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ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI- 781006

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5:THE DEPUTY INSPECTOR OF SCHOOLS SOUTH SALMARA MANKACHAR HATSINGIMARI DISTRIC- SOUTH SALMARA MANKACHAR PIN-783135

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6:THE TREASURY OFFICER SOUTH SALMARA MANKACHAR HATSINGIMARI DISTRICT SOUTH SALMARA MANKACHAR PIN-78313

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Advocate for the Petitioner : MR J ABEDIN, MR. K I MAZUMDER,MR M Z RAHMAN

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Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM,SC, TREASURY

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– B E F O R E –

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HON’BLE MR. JUSTICE NELSON SAILO

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16-06-2025

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Heard Mr. J. Abedin, learned counsel for the petitioner and Mr. B. Deuri, learned Junior Government Advocate, Assam, appearing for the

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respondent Nos.1 & 4. Also heard Ms. R.M. Baruah, learned Standing Counsel, Finance Department, appearing for the respondent Nos.2 & 6 and Mr. G. Pegu, learned Standing Counsel, Education (Elementary) Department, appearing for the respondent Nos.3 & 5.

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[2] Having regard to the nature of grievance projected by the petitioner, the writ petition is taken up for disposal at the motion stage itself.

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[3] It is the case of the petitioner that he was initially appointed as a Stipendary Teacher vide order dated 13.03.1985 and thereafter received regular scale of pay w.e.f. 07.04.1988. He retired from service on 31.01.2023 but after his retirement, the respondent No.5 served him a notice on 04.07.2024 alleging that the petitioner had excessively drawn his salary and, therefore, asked the petitioner to refund the excess drawal of Rs.4,21,930/-. The petitioner, therefore, filed his representation on 05.06.2025 before the respondent No.5 but the same has not been considered and his provisional pension having been stopped since June, 2024, the petitioner is before this Court.

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[4] Mr. J. Abedin, learned counsel for the petitioner submits that since the petitioner did not have any role in the wrong fixation of his pay, any excess withdrawal, that may have resulted, may not be demanded from the petitioner in view of the settled law in the case of State of Punjab & Ors. -Vs- Rafiq Masih (White Washer) & Ors. , reported in (2015) 4 SCC 334 . The learned counsel for the petitioner submits that on similar issue, this Court had disposed of WP(C) No.322/2019 and other connected writ petitions by a common order dated 30.07.2019.

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[5] Having regard to the issue involved, the writ petition is, therefore, disposed of with a direction to the respondent authorities, more particularly, to

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the Elementary Education Department to make such verification with regard to the excess drawal of salary by the petitioner and if it is found that the petitioner was not involved in any way directly for the said wrong fixation, there cannot be any recovery from him for the excess drawal of salary. However, the pension of the petitioner will be determined on the basis of correct pay scale which the petitioner is supposed to get as per the Rules. It is needless to state herein that the Finance Department will do the needful and pass appropriate order(s) for waiver of the excess drawal of pay by the petitioner upon receipt of a report from the Education Department. The entire exercise be conducted and completed within a period of 3(three) months from the date of receipt of a certified copy of this order.

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[6] Till such decision is taken, it is provided that the respondents shall continue to pay the provisional pension to the petitioner, which was said to have been discontinued since the month of June, 2024.

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[7] With the above observations and directions, the writ petition stands disposed of.

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J U D G E

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Nural Islam Miah v. the State of Assam and 5 Ors.

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Nural Islam Miah v. the State of Assam and 5 Ors.

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