WP(C) 4800/2010 BEFORE HON’BLE MR. JUSTICE I.A. ANSARI The petitioner, who had overstayed in service w.e.f. 1.12.2006 to 31.5.2008, rem ained in service for a period of 1‰ years after the due date of his retirement. When the recovery of the amount of the salary, which he had drawn during the sai d period, was sought to be made, the petitioner approached this Court and this C ourt directed recovery of 50% of the excess payment of salary and allowances, wh ich had been made to the petitioner. The recovery had accordingly been made. Hav ing made the recovery, the respondents ought to have paid not only salary to the petitioner, but also his pension and other pensionary benefits. This apart, sin ce the petitioner had received less salary than his juniors, this mistake was co rrected by the Director, Technical Education, Govt. of Assam, by allowing the pe titioner to draw salary, which ought to have been paid to him. While taking such steps for making payment of due salary to the petitioner, the Director of Techn ical Education, Government of Assam, did not obtain approval from the Finance D epartment, Government of Assam. In consequences thereof, the Finance Department has raised its objection and the petitioner is neither being paid his complete s alary, as he ought to have been paid after the deductions had already been made from his salary in terms of the order of the Court, nor he has been paid his pen sion or pensionary benefits. In this regard, it is also noteworthy that the resp ondent No. 3, namely, Accountant General (A&E), Assam, has issued a letter (Anne xure-15 to the writ petition), dated 19th February, 2010, keeping pension of the petitioner in abeyance from 1.12.06 to 6.6.08. Considering the fact that the petitioner is entitled to the release of his due s alary, which he has claimed, Mr. P.N. Goswami, learned Standing counsel, Educati on Department, Govt. of Assam, and Mr. B. Gogoi, learned counsel appearing for the Finance Department, Govt. of Assam, submit that both the Departments would d o the needful so as to enable the petitioner to draw his due salary and allowanc es and also his pension and pensionary benefits. In the backdrop of the above submissions, made on behalf of the respondents conc erned, this writ petition is disposed of, as agreed to by the learned counsel fo r the petitioner, with direction to the respondents, particularly, respondent No . 1, namely, Commissioner & Secretary to the Govt. of Assam, Education Higher T echnical Department, and the respondent No. 2 namely, Secretary to the Governmen t of Assam, Finance Department, to do the needful in accordance with law within a period of 3 (three) months from the date of receipt of a copy of this order by the respondent No. 1, namely, Commissioner & Secretary to the Govt. of Assam, E ducation Higher Technical Department. On taking all necessary actions by the respondent Nos. 1 and 2, respondent no. 3 , viz., the Accountant General, Assam, shall ensure that the petitioner receives , within a month thereof, his dues including his salary, allowances, pension and pensionary benefits. Furnish copies of this order to the learned counsel for the respondents.