GIRISH CHANDRA DEKA v. THE UNION OF INDIA AND 3 ORS
WP(C)/4154/2025 · 2025-09-02
Manish Choudhury
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 16286 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16286 (GAU) · dailylaw.ai ]
Judgment text
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Page No.# 1/4 GAHC010159552025
2025:GAU-AS:11975
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4154/2025 GIRISH CHANDRA DEKA S/O LATE SARAT DEKA, R/O VILL- DHAMDHAMA (BARNORIKONA), P.O.- BARBARI, DIST- NALBARI, ASSAM, PIN-781351 VERSUS THE UNION OF INDIA AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF FINANCIAL SERVICES, 3RD FLOOR, JEEVAN DEEP BUILDING, SANSAD MARG, NEW DELHI-110001 2:THE STATE BAANK OF INDIA REPRESENTED BY ITS CHAIRMAN CORPORATE CENTRE STATE BANK OF INDIA MADAME CAMA ROAD NARIMAN POINT MUMBAI-40021 AND HAVING ITS LOCAL HEAD OFFICE AT G.S. ROAD GUWAHATI-781005 3:THE ZONAL MANAGER STATE BANK OF INDIA GUWAHATI ZONE ABC G.S. ROAD BHANGAGARH P.O- DISPUR GUWAHATI-781005 4:THE GENERAL MANAGER STATE BANK OF INDIA REGION-I
Page No.# 2/4 ADMINISTRATIVE UNIT G.S. ROAD BHANGAGARH P.O.- DISPUR GUWAHATI-78100 Advocate for the Petitioner : MR. B PURKAYASTHA, MR. J P BARUAH Advocate for the Respondent : DY.S.G.I., MR P GOGOI(R-2,3,4),MR. A K SAHEWALLA (R- 2,3,4),MR. W SHARMA(R-2,3,4),MRS. R DEVI(C.G.C)(R-2,3,4),SC, SBI
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER Date : 03.09.2025 Heard Mr. B. Purkayastha, learned counsel for the petitioner; Ms. A. Gayan, learned Central Government Counsel for the respondent no. 1; and Mr. A.K. Sahewalla, learned Standing Counsel, State Bank of India for the respondent nos. 2, 3 & 4.
2. The petitioner has stated that he joined the respondent State Bank of India [SBI] as a Messenger on 01.11.1989 and he continued to render service in that capacity till March,
2009. Thereafter, he was promoted to the post of Head Messenger. The petitioner has stated that prior to his regular appointment, he served in the respondent SBI on casual basis for 205 days.
2.1. The respondent SBI authorities had granted him regular salary only from 01.05.1989 till 31.03.2009. According to the petitioner, he served in the respondent SBI for a period of nineteen years and eleven months. The petitioner has stated that as he had suffered from mental illness during 2009, he could not resume service immediately thereafter. The petitioner approached the respondent SBI authorities vide a Letter dated 08.04.2010 seeking settlement of his retirement benefits by intimating about his medical condition and expressing his inability to resume service. As the said application was not given due attention, the petitioner sought settlement of his retirement dues after a long gap on 26.06.2025.
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2.2. As no response has been received from the respondent SBI authorities, the petitioner is before this Court by the instant writ petition seeking inter alia a direction to the respondent SBI authorities to settle and disburse the pension and other retirement benefits entitled to him as per the rules and procedure of the respondent SBI.
3. Mr. Sahewalla, learned Standing Counsel appearing for the respondent SBI Authorities has submitted that the application submitted by the petitioner seeking settlement of his retirement dues is being considered by the competent authority presently and it is after due
consideration, a decision can be taken whether the petitioner is entitled to receive any retirement benefit or not. He has further submitted that the entire process would take about 6 [six] weeks time and therefore, this writ petition, instead of being adjudicated at this stage, can be disposed of with a direction to the respondent SBI authorities to process and finalize the matter of retirement dues of the petitioner in accordance with law.
4. Mr. Purkayastha, learned counsel for the petitioner has agreed to the submissions made by Mr. Sahewalla, learned Standing Counsel for the respondent SBI authorities.
5. In view of the broad consensus arrived in the afore-stated manner by the learned counsel for the parties, and considering the fact that the matter of retirement dues to the petitioner is presently under consideration of the respondent SBI Authorities, this Court is of the considered view that instead of keeping this writ petition pending, the writ petition can be
disposed of, at this stage, with a direction to the respondent SBI authorities to process, consider and decide the matter of retirement dues of the petitioner in an expeditious manner but within an outer limit of 6 [six] weeks from today. The decision so taken on the matter of retirement dues of the petitioner is thereafter, to be communicated to the petitioner forthwith.
6. With the observation made and direction given above, the writ petition is disposed of. No Cost.
JUDGE
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