Page No.# 1/4 GAHC010228702024 2025:GAU-AS:1871 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5746/2024 LATIPHAN HAZARIKA W/O LATE HIYAZ UDDIN AHMED VILL- BALIGAON, P.O. DHAKUAKHANA, DIST. LAKHIMPUR, ASSAM, PIN- 787055 VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SCHOOL EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER LAKHIMPUR DIST. LAKHIMPUR ASSAM PIN-787001 4:THE DEPUTY INSPECTOR OF SCHOOLS DHAKUAKHANA DIST.LAKHIMPUR ASSAM PIN-787055 Page No.# 2/4 5:THE COMMISSIONER AND SECRETARY TO THE GOVT.OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6. 6:THE TREASURY OFFICER DHAKUAKHANA SUB-TREASURY DIST. LAKHIMPUR ASSAM PIN- 787055. 7:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PENSION AND PUBLIC GRIEVANCES DEPARTMENT DISPUR GUWAHATI-6. 8:THE DIRECTOR OF PENSION ASSAM DISPUR GUWAHATI-6 Advocate for the Petitioner : MD. S ALOM, MS. A BEGUM,MR. M S ALAM Advocate for the Respondent : GA, ASSAM, SC, FINANCE,SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 21.02.2025 Heard Mr. S. Alam, learned counsel for the petitioner. Also heard Mr. B. Kaushik, learned standing counsel for the Elementary Education Department; Mr. R. Borpujari, learned standing counsel for the respondent nos. 5 and 6 and Mr. P. Saikia, learned counsel appearing for the Pension Department. 2. The petitioner’s case is that she is a L.P. school teacher of Nagar Page No.# 3/4 Amkatia L.P. School, Lakhimpur and she retired from service on 28.02.2017. 3. The State respondents thereafter initiated a process for recovery of the excess pay made to the petitioner amounting to Rs.4,76,819/-. 4. The petitioner being aggrieved by the initiation of the process for recovery of the excess pay and due to the fact that the petitioner was not being paid her pension despite having retired in the year 2017, the petitioner filed the present writ petition in the year 2024. 5. Mr. B. Kaushik, the learned standing counsel for the Elementary Education Department has submitted letter number DE/PEN/L/13/2018/245 dated 20.02.2025 issued by the Director of Elementary Education, Assam, which states that the Government has expressed no objection for waiving the excess drawal amount of Rs.4,76,819/- paid to the petitioner. The said letter has also issued a direction to the District Elementary Education Officer, for submission of the pension proposal of the petitioner to the Directorate of Pension. 6. I have heard the learned counsels for the parties. 7. The letter dated 20.02.2025 issued by the Director of Elementary Education, Assam is made a part of the record and marked as Annexure-X. The contents of Annexure-X is reproduced hereinbelow as follows. “To The District elementary Education Officer, Lakhimpur, Sub: According of approval of waiving of excess drawal in respect of Smti Latiphan Hazarika, Retd. Head Teacher of Nagar Amkatia L.P. School. Ref. (1) The Govt. letter No. eCF No. 377099/168 dated 13.12.2024. Sir, With reference to the subject cited above, I would like to inform you that the Page No.# 4/4 Govt. in Elementary Education Department has expressed no objection for waiving the excess drawal amount of Rs.4,76,819/- (Rupees Four lakh Seventy Six thousand and Eight Hundred Nineteen) only in respect of Smti Latiphan Hazarika, Retd. Head Teacher of Nagar Amkatia L.P. School under your jurisdiction. Therefore, you are requested to take necessary steps as per the Govt. letter in respect of Smti Latiphan Hazarika, Retd. Head Teacher of Nagar Amkatia L.P. School for submission of pension proposal to the Directorate of Pension, Assam. You are also requested to take action against the officials responsible for the error as directed by Govt. under reference as per existing rules & procedure.” 8. A perusal of the above letter clearly goes to show that the State Government have waived their right to recover the excess amount of Rs.4,76,819/- paid to the petitioner, due to a wrong fixation of pay made by the State Government in the year 1981. 9. The said letter also directs that the pension proposal of the petitioner should be initiated for payment. Accordingly, there is nothing left to adjudicate in the present writ petition. The respondents are accordingly directed to complete the payment of pension of the petitioner, within a period of 2(two) months from the date of receipt of a copy of this order. 10. It is made clear that the pension payable to the petitioner would have to be in terms of the correct pay scale that the petitioner would have been entitled to, at the time of his retirement. 11. The writ petition is accordingly disposed of. JUDGE Comparing Assistant