Jogen Boruah v. The State of Assam and 5 Ors

ORDER Date : 29.05.2024

Heard Mr. D. Gogoi, learned counsel for the petitioner. Also heard Mr. D. Upamainya, learned standing counsel, Higher Education Department for the respondent Nos. 1 and 5; Mr. B. Chakraborty, learned standing counsel, Accountant Page No.# 3/4 General for the respondent Nos. 2 and 3 and Mr. A. Chaliha, learned standing counsel, Finance Department for the respondent No.4.

¶2The petitioner retired as a Library Bearer from Murkong Selek College on

30.06.2022. By this writ petition, petitioner is challenging the communication dated

13.10.2022 issued by the Senior Accounts Officer, Office of the Principal Accountant General (A&E), Assam and addressed to the Treasury Officer, Jonai by which a recovery of Rs. 4,55,100/- was made by deducting from the death cum retirement gratuity payable to the petitioner on the ground of overpayment of pay and allowances.

¶3The petitioner seeks for a direction to the respondent authorities to refund the amount of Rs. 4,55,100/- which was deducted from the death cum retirement gratuity on the ground of excess overpayment of pay and allowance. It is the case of the petitioner that he retired on 30.06.2022 and in view of the decision of the Hon'ble Supreme Court in the case of State of Punjab Vs. Rafik Masih and Ors. reported in 2015 4 SCC 334 and also in terms of the Office Memorandum dated

14.06.2019, issued by the State Government, the deducted amount from the death cum retirement gratuity payable to the petitioner should be refunded back to him.

¶4Mr. D. Upamainya, learned standing counsel, Higher Education Department submits that the director of Higher Education Department by a communication dated 21.05.2024 addressed to the Principal Murkong Selek College, Jonai district Dhemaji have requested to take necessary action to refund the over drawal amount of Rs. 4,55,100/- which was already deducted from the death cum retirement gratuity payable to the petitioner who retired as a Library Bearer of the Page No.# 4/4 said college. He therefore submits that the present writ petition may be closed by giving a direction to the Principal of Murkong Selek College to take appropriate steps in response to the Communication dated 21.05.2024 written by the Director of Higher Education Assam.

¶5Recording the submission made by the learned standing counsel, Higher Education Department, this writ petition is disposed of directing the Principal, Murkong Selek College, Jonai, district Dhemaji to submit the proposal for refund of the deducted amount of Rs. 4,55,100/- to the Director of Higher Education, Assam within a period of 2(two) weeks from the date of receipt of a certified copy of this order. Thereafter, Director of Higher Education on receipt of the proposal shall take necessary steps as may be required to refund the deducted amount of Rs. 4,55,100/- to the petitioner.

¶6Let such exercise be taken and completed within a period of 3(three) months from the date of receipt of the proposal sent by the Principal of Murkong Selek College, Jonai, District Dhemaji.

¶7The Communication dated 21.05.2024 is placed on record.

¶8Writ petition is disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010069722023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1935/2023o JOGENoBORUAHo S/O-oLATEoMOHIRAMoBORUAH,o R/O-oVILLAGEoLAKHIoNEPALIoBASTI,o P.O.oANDoP.S.-oJONAI,o DISTRICT-oDHEMAJI,oASSAM,o PIN-o787060. VERSUSo THEoSTATEoOFoASSAMoANDo5oORS.o REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARY,o DEPARTMENToOFoHIGHERoEDUCATION,o GOVERNMENToOFoASSAM,o ASSAMoSECRETARIAT,oDISPUR,o GUWAHATI,oASSAM,oPIN-o781006. 2:THEoPRINCIPALoACCOUNTANToGENERALo(oAoANDoE) oASSAM oMAIDAMGAON oBELTOLA o GUWAHATI oASSAM oPIN-o781029. 3:SENIORoACCOUNTSoOFFICER oO/OoTHEoPRINCIPALoACCOUNTANToGENERALo(oAoANDoE) oASSAM o MAIDAMGAON oBELTOLA Page No.# 2/4 GUWAHATI ASSAM PIN- 781029. 4:THE TREASURY OFFICER JONAI DISTRICT- DHEMAJI ASSAM PIN- 787060. 5:THE DIRECTOR OF HIGHER EDUCATION DIRECTORATE OF HIGHER EDUCATION ASSAM KAHILIPARA GUWAHATI ASSAM. PIN- 781019. 6:MURKONG SELEK COLLEGE REPRESENTED BY ITS PRINCIPAL JONAI DISTRICT- DHEMAJI ASSAM. PIN- 787060 Advocate for the Petitioner : MR S BORTHAKUR Advocate for the Respondent : SC, HIGHER EDU BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR