Bhabendra Kumar Baishya and 7 Ors v. The State of Assam and 3 Ors

ORDER Date : 26.09.2024

Heard Mr. M. Dutta, learned counsel for the petitioners. Also heard Ms. S. Dutta, learned Standing Counsel, P&RD and Mr. R. Dhar, learned counsel for the respondent No. 4.

¶2By way of this petition under Article 226 of the Constitution of India, the petitioners are seeking direction to re-fix the pension of the petitioners by taking their correct pay scale as Rs. 566/- (Basic Pay) per month instead of incorrect pay scale of Rs. 494/- per month, on the basis of which the pension of the petitioners were earlier calculated.

¶3The case of the petitioners are that the petitioners had served as Secretaries in different Gaon Panchayats under various Zilla Parishads and after rendering services for fairly long period, they had superannuated from service.

¶4Upon being superannuated and at the time of payment of their retirement dues, the respondent authorities came to a conclusion that the petitioners had excessed drawal of salaries, which was thereafter recovered from their retirement dues. Aggrieved by such actions of the respondent authorities, the petitioners approached this Court by way of WP(C) No. 2076/2013, wherein this Court by Order dated 14.08.2013, upon holding that the respondents have not been able to place any materials on record to show the fixation of pay at Rs. Page No.# 4/5 566/- per month in respect of the petitioners w.e.f. July, 1981 was pleased to allow the writ petition by directing that the deduction made by the respondents from the retirement dues of the petitioners cannot be sustained. This Court further directed the respondents more particularly the Commissioner, P&RD Department, Government of Assam to examine the case of each of the petitioners and thereafter, pass appropriate orders for re-fund of the amount deducted from the retirement dues of the petitioners within a period of 3 (three) months from the date of receipt of a certified copy of this order.

¶5It is the specific case of the petitioners that pursuant to the said order, the case of the petitioners were examined and thereafter, the amount deducted from the retirement dues of the petitioners were re-funded to the petitioners. However, despite of such examination and deduction, the petitioners' pension is still being paid as per the incorrect rate of scale of pay at Rs. 494/- per month instead of correct pay scale of Rs. 566/- per month and accordingly, this writ petition has been filed.

¶6Mr. M. Dutta, learned counsel for the petitioners draws the attention of this Court to an order passed in respect of a similarly situated person in WP(C) No. 7793/2016 in the case of Dinesh Chandra Das & Ors. Vs. The State of Assam and Ors., wherein this Court directed that the entitlement to the pension of the petitioners is to be based on the scale of pay of Rs. 566/- per month and accordingly, set aside the pension payment order being given to the petitioners on the basis of incorrect pay scale of Rs. 494/- per month.

¶7Ms. S. Dutta, learned Standing Counsel, P&RD submits that he has received instructions to the effect that the Director of Pension, Assam by Letter dated Page No.# 5/5

20.09.2023 has submitted the Service Books of the petitioner Nos. 6 & 7 under Sonitpur Zilla Parishad for re-calculation of pension and rest of other 6 (six) nos. of the petitioners Service Books is not being traced out yet in the office of Director of Pension, Assam as per Letter dated 18.07.2024 received from the Director of Pension, Assam.

¶8Be that as it may, it appears that the case of the petitioners have been re-examined pursuant to the order of this Court dated 14.08.2013, whereafter the recoveries made was re-funded.

¶9That being so, it appears that despite such re-examination, the petitioners are being paid pension at an incorrect rate and hence, this petition can be disposed of with a direction to the respondents to pay the arrear pension as well as the current pension in the correct rate.

¶10It is needless to clarify that such exercise, in order to release the arrear pension of the petitioners in the correct rate, be concluded within a period of 3 (three) months from today.

¶11With the above observation and direction, the writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010071482022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2790/2022o BHABENDRAoKUMARoBAISHYAoANDo7oORSo S/O-oLATEoJIBANoCH.oBAISHYAo R/O-oDALIBARIo P.O-oDADARAo DIST-oKAMRUP,oASSAM 2:oDINAoNATHoSAIKIA oS/O-oKESHORAMoSAIKIAo VILLAGE-oBARPATGAONo P.O-oGHORAMARIo DIST-oSONITPURo oASSAM 3:oSURENoDAS oS/O-LATEoSORUoNATHoDASo R/O-oVILLAGE-oBARLAHo(SHREEHATI)o P.O-oHALOGAONo DIST-oKAMRUPo ASSAM 4:oNARENoCH.oTALUKDAR oS/O-oLATEoBHUBANESWARoTALUKDARo VILLoANDoP.O-oUPARHALIo DIST-oKAMRUP oASSAM 5:oAIKANoBARMAN oW/O-oLATEoAMBIKAoBARMANo VILL.oANDoP.O-oBALIKURIAo DISTo-oNALBARI oASSAM 6:oTULSIoBORA oW/O-oLATEoPONAoRAMoBORAo Page No.# 2/5 VILL.-HATINGA RAMPUR P.O- HATINGA DIST - SONITPUR ASSAM 7: PANKAJ CH. LODH S/O- LATE NALINI LODH VILL.- BHOTPARA P.O-ALI DIST - SONITPUR ASSAM 8: DAMIYANTI BALA DAS W/O- LATE NARESWAR DAS VILL. AND P.O- DEGHALI DIST - NALBARI ASSA VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT DISPUR, GUWAHATI-06 2:THE COMMISSIONER AND SECRETARY GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-06 3:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM JURIPAR SIX MILE GUWAHATI-37 4:THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI-0 Advocate for the Petitioner : MR. M DUTTA, MR. M ISLAM Advocate for the Respondent : SC, P AND R.D., GA, ASSAM,SC, FINANCE Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI