GUWAHATI, India, Oct. 2 -- Gauhati High Court issued the following order on Sept. 2:

1. Heard Mr. A.M. Barbhuiya, learned counsel for the petitioner and Mr. B. Kaushik, learned standing counsel for the respondents in Elementary Education Department, being respondent No. 1, 3, 5, 6, & 7, Mr. A. Chaliha, learned standing counsel for the respondents in Finance Department, being respondent No. 2 & 8 and Mr. B. Dewri, learned Government Advocate for respondent No.4.

2. In this petition, under Article 226 of the Constitution of India, the petitioner has prayed for issuing direction to the respondent authorities to release the arrear pension of the petitioner from 01/02/2018 to 30/06/2021 by modifying the order dated 11/08/2023 (Annexure-6) passed by the Director of Pension, Assam.

3. It is to be noted here that the Director of Pension, Assam (Respondent No. 4) vide order dated 11/08/2023 granted the monthly pension to the petitioner w.e.f. 01/07/2021, only, instead of 01/02/2018.

4. The petitioner has also preferred one contempt petition, being Contempt Case (C) No. 130/2024, for wilful disobedience/violation of the judgment and order, dated 25/04/2023, passed by this Court in W.P.(C) No.1873/2022 and W.P. (C) No.4936/2021, wherein a Co-ordinate bench of this Court has issued following directions:-

"20. Consequently, this Court therefore disposes of both the writ petition with the following observations and directions.

(i) The communication dated 13.09.2021 issued by the Block Element Education Officer is set aside and quashed.

(ii) The respondent authorities are directed not to make any recovery of the petitioner in any mode including from the retirement dues of petitioner, the amount of Rs.17,07,100/- which was computed to be excess payment drawn by the petitioner on account of overstay

(iii)The respondent authorities are directed to fix the retirement benefit of the petitioner on the basis of the petitioner's actual date of superannuation i.e. on 30.01.2018 which is based upon the date of birth recorded in the HSLC certificate.

(iv) The respondent authorities including the Elementary Education Department and the Director of Pension are directed to immediately process the pension of the petitioner so that the petitioner receives his pension as well as all other pensionary benefits at the earliest. The exercise be completed within a period of 4 (four) months from the certified copy of the instant judgment and order is served upon the of Elementary Education as well as to the Director of Pension.

(v) This Court further directs that upon the formalities being completed by the Elementary Education Department as well as the Director of Pension, the concerned Treasury Officer shall do the needful so that the petitioner receives his arrear pension, regular pension as well as the pensionary benefits to which the petitioner is otherwise is entitled to.

5. The background facts, leading to filing of the present writ petition; are briefly stated as under:- "The petitioner was initially appointed on 17/11/1999, as a Stipendiary Teacher at Gadira L.P. School, Nalbari on fixed pay of Rs.900/-. Thereafter, on completion of Basic Training Course departmentally, he got regular scale of pay. Lastly, the petitioner was serving as Head Teacher at Mohbiyeni L.P. School, Nalbari.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqL5mohpwiRDDIwtghXEipzySKnXNxmmdUtQo5Tuu0y5P&caseno=Cont.Cas(C)/130/2024&cCode=1&cino=GAHC010050242024&state_code=6&appFlag=)

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