GUWAHATI, India, Dec. 19 -- Gauhati High Court issued the following order on Nov. 19:

1. Heard Mr. R. Phukan, learned counsel for the petitioner and Mr. S. Das, learned Standing Counsel for the respondent Nos. 1 & 2. Also heard Mr. N. N. Upadhyay, learned Counsel for the respondent Nos. 3 & 4.

2. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the communication, bearing No. LOKDC/Personal12A/2021-22/139, dated 30.12.2021, issued by the respondent No. 3, asking the petitioner to refund an amount of Rs. 21,94,630/- (Rupees Twenty One Lakhs Ninety Four Thousand Six Hundred and Thirty) only, and any consequent action thereto and also prayed for issuing direction to the respondent authorities to recall/rescind/cancel or otherwise, forbear from giving effect to the said impugned communication, dated 30.12.2021.

Background Facts:-

3. The background facts, leading to filing of the present petition, is briefly stated as under-

"The petitioner was working as an Associate Professor, in the Loknayak Omeo Kumar Das College, Dhekiajuli. While he was working in the said college, the Principal of the college, vide his letter, dated 13.12.2021, had informed the petitioner that his superannuation date was 30th April, 2022. Thereafter, as requested by the college authority, the petitioner has completed all the necessary formalities in respect of his pension. While, the petitioner was expecting that he is all set to retire from service on 30.04.2022, then he was served with the impugned communication, informing him that he was released from service, w.e.f. 31.01.2021, on attaining superannuation and vide said communication, he was further directed to refund the amount for his salary drawn during his overstay period. Thereafter, the petitioner had submitted a representation before the authority concerned, but the same failed to evoke any response of the respondent authorities. Being aggrieved, the petitioner approached this Court, by filing the present petition, seeking the relief as aforesaid."

4. The respondent Nos. 3 & 4, the College authorities, being the Principal and the Governing Body of the College, have filed their affidavit-in- opposition; wherein, it is stated that the petitioner joined as a Lecturer in Education against a lien vacancy on 21.03.1991 and he worked in the said post till 31.08.1991. Thereafter, the petitioner was appointed as Lecturer (temporary) in a non-sanctioned post, by the Governing Body of the College, on 01.09.1991, and he worked in there till 20.11.1994 and thereafter, the petitioner was appointed as Lecturer in Education, against a sanctioned post, on 21.11.1994 and he was promoted to selection grade scale, w.e.f. 28.06.2006 and subsequently, he was designated as Associate Professor.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfBRS1Z29XHDQLw3rHb%2Fk%2FgTUfrJlWpNc%2BW1GgGFeQoWv&caseno=WP(C)/1701/2022&cCode=1&cino=GAHC010043392022&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.