Page No.# 1/3 GAHC010269722025 2026:GAU-AS:1534 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7106/2025 SMTI ANIMA CHETIA WIE OF LATE DEBEN BORPHUKAN,VILLAGE- KHAJUA GAON,DHAKUAKHANAPOST OFFICE-JALBHARI,DISTRICT-LAKHIMPUR, ASSAM,PIN-787055. VERSUS THE STATE OF ASSAM AND OTHRS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM,DEPARTMENT OF ELEMENTARY EDUCATION, GUWAHATI-06 2:THE DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA GUWAHATI-19. 3:THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI-6. 4:THE FINANCE AND ACCOUNTS OFFICER DIRECTORATE OFPENSION ASSAM GUWAHATI-6. 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER LAKHIMPUR. 6:THE BLOCK ELEMENTARY EDUCATION OFFICER DHAKUAKHANA LAKHIMPUR ASSAM Page No.# 2/3 Advocate for the Petitioner : B R SAH, MR C GOSWAMI,MS. S KRISHNOTROYEE Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 06.02.2026 Heard Mr. C. Goswami, learned counsel for the petitioner. Also heard Ms. N. Phukan, learned Standing Counsel, Elementary Education Department for the respondent Nos. 1, 2, 5 & 6 while Ms. K. Phukan, learned Government Advocate, appears for the respondent Nos. 3 & 4. [2.] Having regard to the projection made by the petitioner, the writ petition is taken up for disposal at this stage. [3.] The petitioner retired from the post of Hindi Teacher on 30.04.2016 while working at Deoram Taku Tribal M.E. School under the jurisdiction of the Block Elementary Education Officer, Dhakuakhana, Lakhimpur. Her service was provincialised w.e.f. 01.01.1986. Despite her retirement, the respondent authorities found that there was some wrong fixation of pay of the petitioner and for which reason there was an excess drawal of Rs.4,00,922/. Since, such an excess drawal was not attributable on account of fraud, misrepresentation, collusion, favouritism, etc. on the part of the petitioner, a proposal was made by the District Elementary Education Officer, Lakhimpur to the Commissioner and Secretary to the Government of Assam, Finance Department for waving the excess drawal amount on 28.12.2018. Thereafter, another letter was written by the Director of Elementary Education, Assam to the Secretary to the Government of Assam, Department of School Education on 02.01.2024 with Page No.# 3/3 regard to the proposal for waving the excess drawal while enclosing the original service book of the petitioner. Despite the same, since no further step was taken, the petitioner is before this Court. [4.] The learned counsel for the petitioner submits that since the petitioner is not responsible for such a wrong fixation of pay and therefore in view of the settled position in law by the Apex Court in “State of Punjab & Ors. Vs. Rafiq Masih” reported in 2015 (4) SCC 334, the respondent authorities should be directed to wave the amount, said to have been excessly drawn by the petitioner. Further, the petitioner has since retired from service in the year 2016 and that she is by now a senior citizen aged about 70 years. [5.] Considering the above position, the writ petition stands disposed of directing the respondents to consider waving the excess drawal of the petitioner in terms of the proposal submitted by the Director of Elementary Education, Assam as expeditiously as possible and at any rate within the outer limit of one (1) month from receipt of certified copy of this Order. [6.] With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant