Tulan Ch. Sonowal vs State Of Assam And 6 Ors

Heard Mr. A. Deka, learned counsel for the petitioner. Also heard Mr. N. Sarma, learned Standing Counsel, Elementary Education Department and Mr. B. Deuri, learned Government Advocate, Assam for the respondents.

The matter pertains to recovery made from the retiral benefits on account of alleged wrong fixation of the pay scale in terms of the impugned order dated 24.7.2018 for recovery of an amount of Rs.1,46,892/-. The petitioner being a loyal government employee complied with the said direction because of which at the time of retirement, the aforesaid amount was deposited by the petitioner with the government as the petitioner was informed that unless the said excess amount is refunded, the pensionary benefits will not be released.

Learned counsel for the petitioner submits that the government has already taken a decision that if any such excess drawal of salary had occasioned without the involvement of the employee concerned by way of misrepresentation or fraud, such amount cannot be recovered. Learned counsel for the petitioner also submits that in view of the above, as the petitioner was not involved with the said wrong fixation of pay scale which led to the excess drawal by way of misrepresentation or fraud, the aforesaid amount ought not to have been recovered and since it has been recovered, the same may be refunded to the petitioner. Learned counsel for the petitioner further submits that the pensionary and other retiral benefits of the petitioner have not yet been finalized.

Learned counsel for the State also submits that the Government has issued instructions not to recover any such amount where the concerned government employee was not involved by way of misrepresentation or fraud.

In view of the above, the writ petition is allowed with a direction to the respondent authorities to verify as to whether the petitioner was himself involved in the said misrepresentation or fraud and if it is found that he was not involved in any manner, the amount so recovered be refunded. Thereafter, the pensionary and other retiral benefits be finalized and released to him in accordance with the correct pay scale entitled to the petitioner. The aforesaid exercise of verification for refund be undertaken and completed within a period of one month and the other retiral benefits be released within a period of three months from the receipt of the certified copy of the said order.

The writ petition stands disposed of.