JUDGMENT : N. Kotiswar Singh, J. Heard the learned counsel for the petitioner. Also heard Mr. J. Abedin, learned Standing Counsel, Education (Secondary) Department. 2. The petitioner retired from service on 31.1.2018 as Headmaster of the School. Hence, now the respondent authorities are seeking to make recovery in respect of certain alleged excess salary received by him with effect from 1.1.1996. The respondent authorities are seeking to recover the alleged excess payment on the ground of wrong fixation of pay made with effect from 1.1.1996. The said process has been initiated with the petitioner has retired from service on 31.1.2018. 3. The authority should have recovered and deducted the same from the petitioner when he was in service and not after he has already retired and, that too, when it relates to a period of 1996, which is obviously time barred. 4. It may be also mentioned here that the Government of Assam had issued an Office Memorandum dated 29th April, 1976, in which, it has been mentioned that the Head of office or other authority responsible for preparing the pension papers will initiate the process for payment of pension two years before the date of retirement of a government servant and, at that stage, the work will be essentially that of assembling the information necessary for working out the qualifying service and, thereafter, in the next stage i.e., eight months before the retirement, the actual work of preparation of pension papers viz., the reckoning of qualifying service and the calculation of average emoluments should be taken upon. However, the said process must be completed and be sent to the office responsible for issuing the pension payment order, not later than six months before the date of retirement. It has been further provided that the concerned officer, after necessary scrutiny of the papers, shall issue the pension payment order including the order for payment of death-cum-retirement gratuity. 5. It may be mentioned that subsequently Pension Public Grievance Department had issued the guidelines which provides for verification of the service of the employee and also making good the omission in service book and calculation of average emoluments etc. and forward the same six months' before the retirement of the government servant. 6. Thus, as per the practice required to be followed by the authorities in processing the pension case, any such wrong fixation of pay scale ought to have been detected.
and forward the same six months' before the retirement of the government servant. 6. Thus, as per the practice required to be followed by the authorities in processing the pension case, any such wrong fixation of pay scale ought to have been detected. 7. In the present case, as mentioned above, the so called wrong fixation of pay scale was detected after the petitioner's retirement from service and, that too, relating to a period in 1996. 8. Accordingly, this Court holds that the aforesaid impugned actions are not permissible and the petition is allowed. 9. The respondent authorities are directed not to effect any recovery from the pension of the petitioner. The pension of the petitioner may be finalized and released accordingly without any further delay. The writ petition stands disposed.