Page No.# 1/4 GAHC010036532018 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1506/2018 CHANDRA NATH SAIKIA S/O. LT. BOGAI SAIKIA, R/O. VILL. BOMKUKURACHOWA, LANDMARK - NO. 157 L.P. SCHOOL, P.O. KOKAJAN, P.S. TEOK, DIST. JORHAT, ASSAM, PIN-785001 VERSUS THE STATE OF ASSAM AND 6 ORS. REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT, DISPUR, GUWAHATI, PIN-781006 2:THE CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT ASSAM HENGRABARI GUWAHATI-781036 3:THE EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING JORHAT P.O. AND DIST. JORHAT ASSAM 4:THE PRINCIPAL ACCOUNTANT GENERAL ( A AND E) ASSAM. MAIDAMGAON BELTOLA GUWAHATI PIN-781028 5:THE SENIOR ACCOUNTS OFFICER OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL (A AND E) Page No.# 2/4 ASSAM MAIDAMGAON BELTOLA GUWAHATI PIN-781028 6:THE TREASURY OFFICER JORHAT ASSAM 7:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- Advocate for the Petitioner : MR. P SARMAH, MR. S K SINGHA,MR. B KUMAR,MR. S UPADHAY Advocate for the Respondent : MR. P N GOSWAMI (SC, PHE), MR C BARUAH (SC, AG),MR. R BORPUJARI (SC, FINANCE DEPT.) BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 17.06.2026 Heard Mr. S Upadhyay, learned counsel for the petitioner. Also heard Mr. D Gogoi, learned Standing Counsel, PHE and Mr. R Boro, learned counsel for the respondents No. 4 & 5. 2. This writ petition is filed by the petitioner praying for direction for setting aside the impugned letter No. PR-3/PHE/11/024562/2017 dated 24.11.2017 issued by the Senior Accounts Office, Office of the Principal Accountant General (A&E), Assam for recovery of the amount of Rs. 63,168/- of the retirement dues. The further prayer of the writ petitioner is for a direction to the respondents for payment of Rs. 3,51,309/- as increment arrear. 3. It is the claim of the petitioner that the petitioner rendered his service and Page No.# 3/4 at no occasion that during his service was he confronted by the respondents that there is any over-draw by the petitioner which calls for recovery in terms of the communication of the office of the Accountant General. Rather according to the petitioner, he is entitled for a payment of Rs. 3,51,309/- as increment arrear in respect of the petitioner. 4. Pursuant to issuance of notice, the Accountant General’s Office has filed an affidavit stating that there were some anomalies found regarding fixation of pay of the writ petitioner and therefore the pension papers were initially returned back requesting the administrative department for rectification. Pursuant thereto, the said papers were again sent back and upon due calculation by the Accountant General’s Office, it is found that an amount of Rs. 63,168/- is to be recoverable from the pay and allowances including leave salary of the writ petitioner. 5. The PHE department has not filed any counter affidavit opposing the claim of the writ petitioner. 6. The writ petitioner has filed the rejoinder affidavit to the affidavit filed by the Office of the Accountant General reiterating his claim. 7. A scrutiny of the affidavit filed by the Accountant General, it does not reveal that the claim of over-draw paid by the petitoner was on account of the writ petitioner. There is no submission made by the PHE department that any error in the fixation of pay in respect of the petitioner or any action can be attributed to the petitioner. 8. In the absence thereof and taking into consideration the fact that the petitioner rendered his services as UDA which is a Grade-III post under the Government of Assam, the principles laid down by the Apex Court in State of Punjab & Ors. v. Rafiq Masih (White Washer) & Ors., reported in (2015) 4 SCC Page No.# 4/4 334 will squarely be applicable. Since there is no finding by the Administrative Department or by the Office of the Accountant General that there was any default or fault on the part of the petitioner leading to access drawl of pay, the said amount of Rs. 63,168/- shall not be recovered from the petitioner. The amount of pension payable to the petitioner shall be released forthwith without further delay if not otherwise issued. Further, the claim of the petitioner for arrear of pay and salary, the respondents department more particularly respondents No. 1 & 2 are directed to examine the claim of the petitioner and if any amount is found payable to the petitioner, the same shall be released as expeditiously as possible within a period of 90 days from the date of receipt of a certified copy of this order. 9. In view of the above, the writ petition stand disposed of. Interim order if any stands merged. Pending I.As if any are also disposed of. JUDGE Comparing Assistant