Skip to content

The research platform for Indian law — judgements, legislation and the citations between them. Free to search, with the original document behind every result.

A product of LawSathi.

Research

Search Legislation Research tools

Browse

Courts Case types Topics Most-cited judgements Sources

LawSathi

Practice platform Blog

© 2026 LawSathiTerms PrivacyResearch aid, not the official record.

Bhabani Das Vs the State of Assam and 8 Ors. — Gauhati HC (2025) — LawSathi Research

Home
Gauhati HC
2025
Bhabani Das Vs the State of Assam and 8 Ors.Bhabani Das v. the State of Assam and 8 Ors.

Disposed¶33

Bhabani Das v. the State of Assam and 8 Ors.

Gauhati HC8 Jun 2025WP(C)/2348/2022

Case brief

AI extract

What is this about?

WP(C)/2348/2022, Gauhati High Court, decided 09.06.2025 by Justice Sanjay Kumar Medhi. Subject: attempted recovery of excess service-period payments from pensionary/family pension benefits (Barpeta/Bajali, Assam; retired Head Master context). Disposed of as grievance redressed during pendency; recovery question left undecided. Related matter: WP(C)/3859/2020 (family pension sanctioned by order dated 01.09.2020). No statutes or case law cited. Petitioner's counsel: H Talukdar (with M Deka, B R Brahma); respondents represented by PK Bora (Standing Counsel, Elementary Education) and D Das Barman (State Counsel).

What did the court decide?

Since the petitioner's grievance was redressed during the pendency of the writ petition, there was no requirement to continue with it; the writ petition was accordingly disposed of without adjudicating the recovery question.

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether the respondent authorities' attempt to recover excess payments made during service from the petitioner's pensionary benefits was sustainable.

Ratio / Principle

Since the petitioner's grievance was redressed during the pendency of the writ petition, there was no requirement to continue with it; the writ petition was accordingly disposed of without adjudicating the recovery question.

Detailed headnote1 paragraphs

Gauhati High Court (Sanjay Kumar Medhi, J.), order dated 09.06.2025 in WP(C)/2348/2022 - Bhabani Das v. State of Assam & 8 Ors. The petitioner had challenged the respondent authorities' attempt to recover excess payments made during service from pensionary benefits; her husband had retired as Head Master of 1758 No. Ballattary LP School, Barpeta. Family pension had already been sanctioned to her pursuant to an order dated 01.09.2020 passed in earlier WP(C)/3859/2020. Counsel for the petitioner submitted that the grievance stood redressed during the pendency of the petition, and respondent counsel agreed there was no need to continue it. The Court disposed of the writ petition on that basis, without deciding the recovery issue on merits. No statute or precedent was cited.

A

Page No.# 1/3

GAHC010063962022

undefined

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

Case No. : WP(C)/2348/2022

BHABANI DAS

W/O. LT. SUKUMAR DAS, VILL. NIZ SARIHA (BHUWAPARA), P.O. BAMUNKUCHI, P.S. PATACHARKUCHI, DIST. BARPETA, ASSAM, PIN781326.

VERSUS

THE STATE OF ASSAM AND 8 ORS TO BE REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION ELEMENTARY DEPTT., DISPUR, GUWAHATI-06.

2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM ASSAM KAHILIPARA GUWAHATI-19.

3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI-06.

4:THE DEPUTY INSPECTOR OF SCHOOLS BAJALI PATHSALA PIN-781325.

5:THE BLOCK ELEMENTARY EDUCATION OFFICER BAJALI BLOCK PATHSALA PIN-781325.

Page No.# 2/3

6:THE DIRECTOR OF PENSION ASSAM

HOUSE FED COMPLEX DISPUR LAST GATE GUWAHATI-06. 7:THE TREASURY OFFICER PATHSALA TREASURY PATHSALA DIST- BAJALI ASSAM PIN- 781325.

8:THE ASSISTANT GENERAL MANAGER STATE BANK OF INDIA CENTRALIZED PENSION PROCESSING CENTRE LAKHRA CHARIALI GUWAHATI- 34.

9:THE BRANCH MANAGER STATE BANK OF INDIA

PATHSALA BRANCH DIST- BAJALI ASSAM PIN- 781325

Advocate for the Petitioner : MR H TALUKDAR, MRS. M DEKA,B R BRAHMA

Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM,SC, FINANCE

BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

ORDER

09.06.2025

Heard Shri H Talukdar, learned counsel for the petitioner. Also heard Shri PK Bora, learned Standing Counsel, Elementary Education Department, Assam as well as Ms. D Das Barman, learned State Counsel, Assam.

The petitioner had approached this Court against the action of the respondent authorities to attempt recovery from his pensionary benefits of certain excess

Page No.# 3/3

payments made to him during his service.

The husband of the petitioner had retired as the Head Master of 1758 No. Ballattary LP School in the district of Barpeta.

The petitioner had earlier approached this Court for family pension by filing WP(C)/3859/2020 wherein, an order dated 01.09.2020 was passed pursuant to which, the family pension was sanctioned to her.

Shri Talukdar, learned counsel for the petitioner has, however submitted that during the pendency of the writ petition, the grievance of the petitioner has been redressed.

Shri Bora and Ms. Das Barman, learned counsel for the respondents have submitted that in view of such development, there is no requirement to continue with this writ petition.

Considering the aforesaid facts and circumstances and the submissions advanced by Shri Talukdar, learned counsel for the petitioner that the grievance of the petitioner has been redressed in the meantime, there is no requirement to continue with this writ petition and accordingly, the same is disposed of.

JUDGE

Comparing Assistant

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the respondent authorities' attempt to recover excess payments made during service from the petitioner's pensionary benefits was sustainable.medium confidence¶26

Procedural history

How this case reached the court

AI extract

Order under challenge
Action of the respondent authorities attempting recovery of excess payments made during service from the petitioner's pensionary benefits¶26
Prior proceeding
Petitioner had earlier filed WP(C)/3859/2020 in this Court seeking family pension; by order dated 01.09.2020 the family pension was sanctioned to her.¶30

Parties & counsel

AI extract

petitioner
BHABANI DAS¶6
MR H TALUKDAR, MRS. M DEKA, B R BRAHMA
respondent
THE STATE OF ASSAM AND 8 ORS TO BE REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION ELEMENTARY DEPTT., DISPUR, GUWAHATI-06.¶9
PK Bora, D Das Barman
respondent
THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM ASSAM KAHILIPARA GUWAHATI-19¶10
respondent
THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI-06¶11
respondent
THE DEPUTY INSPECTOR OF SCHOOLS BAJALI PATHSALA PIN-781325¶12
respondent
THE BLOCK ELEMENTARY EDUCATION OFFICER BAJALI BLOCK PATHSALA PIN-781325¶13
respondent
THE DIRECTOR OF PENSION ASSAM¶15
respondent
THE TREASURY OFFICER PATHSALA TREASURY PATHSALA DIST- BAJALI ASSAM PIN- 781325¶16
respondent
THE ASSISTANT GENERAL MANAGER STATE BANK OF INDIA CENTRALIZED PENSION PROCESSING CENTRE LAKHRA CHARIALI GUWAHATI- 34¶17
respondent
THE BRANCH MANAGER STATE BANK OF INDIA¶18

Coram

AI extract

SANJAY KUMAR MEDHIauthor¶22

Case details

As recorded by the court registry

Court: Gauhati HC
Decided on: 8 Jun 2025 · June
Registered: 30 Mar 2022
Case no.: WP(C)/2348/2022
CNR: GAHC010063962022
Bench: Sanjay Kumar Medhi
Disposal: Disposed Of
Case type: WP(C)

Similar cases

Judgements on the same questions, provisions and authorities, from every court

Finding judgements on the same questions…

More from Sanjay Kumar Medhi

Arabinda Dutta Vs the State of Assam and 7 Ors.
5 Jun 2025
Swapna Borah and 8 Ors. Vs the State of Assam and 7 Ors.
4 Jun 2025
Dr Nisha Toteja Vs the Union of India and Ors.
4 Jun 2025
Mithun Pegu Vs the State of Assam and 9 Ors.
8 Jun 2025
Omme Habiba Siddika Vs the State of Assam and 5 Ors.
8 Jun 2025
Manash Kumar Sharmah Vs the State of Assam and 3 Ors.
9 Jun 2025

Cite this judgement

Bhabani Das v. the State of Assam and 8 Ors., WP(C)/2348/2022 (GAU), decided on 8 June 2025.

The Gauhati High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history2

Action of the respondent authorities attempting recovery of excess payments made during service from the petitioner's pensionary benefits
Petitioner had earlier filed WP(C)/3859/2020 in this Court seeking family pension; by order dated 01.09.2020 the family pension was sanctioned to her.

View full history

Bench / Coram

SANJAY KUMAR MEDHI

Parties & counsel