Partly allowed

Dilip Kumar Gogoi v. the Assam State Housing Board and 2 Ors.

Gauhati HC5 May 2022WP(C)/2158/2022

Case brief

AI extract

What is this about?

A retired employee approached the Gauhati High Court for appellate relief due to unpaid pensionary benefits. The Board filed an affidavit to pay the dues over 12 months. The court ordered immediate payment of a partial cheque and disbursal of the remaining balance via monthly installments.

What did the court decide?

Petitioner to receive immediate Rs. 50,000/-; remaining dues of Rs. 16,36,621/- paid via monthly installments of Rs. 1,36,350/- starting June 2022.

Dilip Kumar Gogoi Vs the Assam State Housing… — Pension and Retirement Benefits | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010058652022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/2158/2022

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DILIP KUMAR GOGOI S/O-LATE KHAGENDRA NATH GOGOI R/O- H.NO- 22, SANKAR PATH, P.O AND P.S- HATIGAON, GUWAHATI-38, DIST- KAMRUP (M), ASSAM

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VERSUS

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THE ASSAM STATE HOUSING BOARD AND 2 ORS REP. BY ITS COMMISSIONER, R.G BARUAH ROAD,GUWAHATI-5

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2:THE CHAIRMAN THE ASSAM STATE HOUSING BOARD R.G BARUAH ROAD,GUWAHATI-5

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3:THE COMMISSIONER THE ASSAM STATE HOUSING BOARD R.G BARUAH ROAD,GUWAHATI-

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Advocate for the Petitioner : MR. S BORA

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Advocate for the Respondent : SC, HOUSING BOARD

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BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

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Date : 5.5.2022

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Heard Mr.S. Bora learned counsel for the petitioner. Also heard Mr. T. Gogoi, learned

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counsel appearing for all the respondents.

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The petitioner was an employee of Assam State Housing Board(in short Board) and retired from his service on 31.3.2020. The petitioner has approached this court with a grievance that he has not been paid his pensionary benefits till date. Accordingly he prays for writ in the nature of mandamus directing the respondent to release the retirement dues to the petitioner.

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The respondent Nos. 1,2 and 3 has filed an affidavit and took a stand that they may be allowed to clear the entire dues of the petitioner within a period of 12 months.

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Mr. Gogoi, learned counsel for respondent Nos. 1 , 2 and 3 submits that an amount of Rs.16,86,210/- is due to the petitioner. Mr. Gogoi further submits that the Board has issued a cheque amounting to Rs 50,000/- in favour of the petitioner and same shall be handed over to the learned counsel for the petitioner during the course of the day. In that view of the matter, Mr. Gogoi submits that remaining amount shall be Rs 16,36,621/- and same should be paid within 12 months with an equal monthly installment of Rs 1,36,350/-.

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In view of such consensus this writ petition is disposed of with the following directions:

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i) The Cheque amounting to Rs 50,000/- be handed over to the learned counsel for the petitioner during the course of the day.

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ii) The petitioner be paid a monthly amount of Rs 1,36,350/- from the month of June, 2022 and the same be continued to be paid till the total due amounting to Rs. 16,36,621/- is completely paid.

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iii) Monthly installment be paid to the petitioner during the Ist week of each

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month, as stated hereinabove.

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iv) If such amount is not paid within the agreed period of one year, the remaining

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amount shall bear an interest at the prevailing bank rate.

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In the aforesaid terms, this writ petition is disposed of. However no order as to cost.

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JUDGE

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Comparing Assistant

Dilip Kumar Gogoi v. the Assam State Housing Board and 2 Ors.

Case brief

What is this about?

What did the court decide?

Dilip Kumar Gogoi v. the Assam State Housing Board and 2 Ors.

Case brief

What is this about?

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What the court decided

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