Writ petition alleging a minor deficit in pension arrears was allowed. Court held no further consideration needed as arrears were released, granting liberty to approach authorities for the outstanding sum.
Petition allowed and closed with liberty to approach authorities for release of the deficit amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010184362022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5964/2022
K. SREEDHAR RAO
JUDGE (RETD.), GAUHATI HIGH COURT, R/O 1452, 1ST MAIN 1ST CROSS JUDICIAL LAY OUT, GKVK POST YELAHANKA, BENGALURU-65 K
VERSUS
THE UNION OF INDIA AND 4 ORS. REPRESENTED BY MINISTRY OF LAW AND JUSTICE, DEPT. OF JUSTICE, JAISALMER HOUSE, MAN SINGH ROAD, NEW DELHI-01
2:CENTRAL PENSION ACCOUNTING OFFICE GOVT. OF INDIA TRIKOOT BIKAJI CAMA PLACE NEW DELHI-66 3:THE AG (A AND E) ASSAM GUWAHATI (HC JUDGES) MAIDAM GAON, BELTOLA GUWAHATI-29 4:THE GAUHATI HIGH COURT REPRESENTED BY THE REGISTRAR GENERAL GAUHATI HIGH COURT MG ROAD GUWAHATI-781001 5:THE MANAGER INDIAN BANK JUDICIAL LAYOUT BRANCH GKVK POST YELAHANKA BENGALURU-6
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Advocate for the Petitioner : MS. D SAIKIA
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE HON’BLE MR. JUSTICE N. KOTISWAR SINGH
HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY
:: O R D E R ::
09.11.2022
[N. Kotiswar Singh, J]
Heard Ms. D. Saikia, learned counsel for the petitioner. Also heard Mr. B. Chakrabarty, learned Central Government Counsel appearing for respondent Nos.1 & 2; Mr. R.K. Talukdar, learned Standing Counsel, AG for appearing for respondent No.3 and Mr. M.P. Sarma, learned counsel appearing on behalf of Mr. U.K. Nair, learned Standing Counsel, Gauhati High Court for respondent No.4.
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JUDGE JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner's pension arrears petition survives considering the receipt of arrears with a minor deficit.
Whether the petitioner needs to be granted liberty to approach authorities to recover the deficit amount.
K. SREEDHAR RAO
THE UNION OF INDIA
N. KOTISWAR SINGH
ARUN DEV CHOUDHURY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
