Page No.# 1/5 GAHC010003202025 2025:GAU-AS:16666 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/104/2025 KASHIM KHAN S/O- LATE RAHIM KHAN, R/O- NEW GHAT, P.O. A.M. CO. ROAD, PIN- 783323, DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-781006, DIST. KAMRUP(M), ASSAM 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-781006 DIST. KAMRUP(M) ASSAM 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PENSION AND PUBLIC GRIEVANCES DEPARTMENT DISPUR GUWAHATI-781006 DIST. KAMRUP(M) ASSAM 4:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 KAMRUP(M) Page No.# 2/5 ASSAM 5:THE DIRECTOR OF PENSION HOUSEFED COMPLEX DISPUR GUWAHATI-781006 KAMRUP(M) ASSAM 6:THE DISTRICT ELEMENTARY EDUCATION OFFICER DHUBRI P.O. DHUBRI PIN- 783301 DIST. DHUBRI ASSAM 7:THE DEPUTY INSPECTOR OF SCHOOLS DHUBRI P.O. DHUBRI PIN- 783301 DIST. DHUBRI ASSA Advocate for the Petitioner : MR. P HAZARIKA, MR. H S BORAH,P. BORAH Advocate for the Respondent : GA, ASSAM, MR. B. KAUSHIK, SC, ELEM. EDU,SC, FINANCE,SC, PENSION BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 03.12.2025 Heard Mr. H.S. Bora, learned counsel for the petitioner. Also heard Mr. G. Pegu, learned standing counsel for the respondent Nos. 1, 4, 6 and 7; Mr. R.M. Barooah, learned standing counsel for the respondent No. 2; and Ms. K. Phukan, learned Government Advocate for the respondent Nos. 3 and 5. 2. In this petition, under Article 226 of the Constitution of India, the Page No.# 3/5 petitioner has prayed for issuing direction to the respondent authorities to finalize the pension of the petitioner on account of the service rendered by him as Head Teacher of 2323 No. Bahadurtari Hindi Lower Primary School, Dhubri, who retired on superannuation on 28.02.2017. 3. The background facts, leading to filing of the present petition, are briefly stated as under: “The petitioner was working as Head Teacher of 2323 No. Bahadurtari Hindi Lower Primary School, Dhubri and he retired on 28.02.2017, on attaining the age of superannuation. However, his pension is yet to be finalized on the ground that he was inadvertently allowed higher scale of pay by the authority, resulting excess drawal of a sum of Rs. 2,66,950/-. It is the contention of the petitioner that the said excess amount was paid to the petitioner not because of his fault or misrepresentation or fraud and he had no knowledge about the amount, which was being paid to him in excess to his entitlement, and that though no order for recovery has been passed, yet his pension is yet to be finalized even after eight years of his retirement, in spite of clear intimation by his parent department that excess drawal amount is not attributable to any misrepresentation or fraud on the part of the petitioner. In fact, the same was done by the Office of the Deputy Inspector of Schools, Dhubri inadvertently and the Directorate of Pension, even after having financial ceiling up to Rs. 3,00,000/- to waive excess drawal, has not exercised the said power and they are sitting over the matter causing serious prejudice to the petitioner, and therefore, the petitioner has contended to allow this petition by directing the respondent authorities to finalize the pension of the petitioner.” Page No.# 4/5 4. The respondent authorities have not filed any affidavit-in-opposition in this matter. However, on 12.11.2025, Mr. B. Deuri, learned Junior Government Advocate for the respondent Nos. 3 and 5 had produced one letter dated 31.10.2025, of the Financial Advisor, Directorate of Pension, Assam addressed to the Deputy Inspector of Schools, Dhubri and he submitted that earlier there was objection and the same is yet to be addressed by the Deputy Inspector of Schools, Dhubri and accordingly, the Deputy Inspector of Schools, Dhubri was directed to re-examine the pension papers and if found in order, to take appropriate steps to remove the deficiency, and thereafter, vide order dated 21.11.2025, the learned counsel for the respondent Nos. 1, 4, 6 and 7 was directed to obtain instruction on the status of the letter, dated 31.10.2025. 5. Today, Mr. Pegu, learned counsel for the respondent Nos. 1, 4, 6 and 7 has produced one letter dated 02.12.2025, of the Director of Elementary Education, Assam and on the basis of the same, he submits that the pension proposal, along with original service book and other relevant papers in respect of the petitioner have been re-submitted by the Deputy Inspector of Schools, Dhubri to the Directorate of Pension after meeting up the objection raised by the Directorate of Pension, vide letter dated 26.11.2025, and the said letter has also been enclosed with the letter dated 02.12.2025. 6. Perusal of the letter dated 26.11.2025, indicates that the pension proposal, along with original service book and other relevant papers of the petitioner has been re-submitted to the Directorate of Pension on 26.11.2025. 7. In view of the aforementioned factual matrix, and also in view of the submissions of learned Advocates of both sides and as agreed upon, this Court is inclined to dispose of this petition by directing the Director of Pension, Assam/respondent No. 5 to finalize the pension of the petitioner within a period Page No.# 5/5 of six weeks from the date of receipt of certified copy of this order. And it is further provided that in the event of any excess drawal of the amount by the petitioner, which statedly not due to fault, misrepresentation or fraud on the part of the petitioner, arises, the same shall be dealt with by taking note of the notification, bearing No. Fin(EC-III).1808/2018/3, dated 27.01.2022 (Annexure- 16, at page No. 52 of the petition). 8. The petitioner shall obtain a certified copy of this order and place the same before the respondent No. 5, within a period of one week from today. 9. In terms of above, this writ petition stands disposed of. 10. The letters dated 02.12.2025 and 26.11.2025, produced before this Court today, shall be marked ‘A’ and ‘B’ and tagged with the record. JUDGE Comparing Assistant