Smti Kabita Gohain v. the State of Assam and 7 Ors.
Case brief
What is this about?
Gauhati High Court WP(C)/531/2025 (decided 07.03.2025, Arun Dev Choudhury, J.): retired Assistant Teacher Kabita Gohain (Lakhimpur, Assam); pension withheld over excess drawl of Rs. 1,69,125/- arising from wrong pay fixation (Rs. 12,320/- instead of Rs. 12,170/-, 01.01.2011 to 21.03.2023); recovery demand by Deputy Inspector of Schools, Dhakuakhana (letter dated 17.12.2024, refund via treasury challan in one instalment); principle in State of Punjab v. Rafiq Masih (Whitewasher) applied — no recovery of excess pay from a low-paid employee/pensioner where excess resulted from employer's miscalculation without employee's fault; recovery decision quashed; release of regular pension directed within 3 months. Useful for: recovery of excess/unauthorized payments from low-paid employees and pensioners; pay-scale fixation errors; withholding of pension pending recovery; applications of Rafiq Masih.