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2025 DAILYLAW 27151 (GAU)

DEBORSHI BORKOTOKI v. THE STATE OF ASSAM

I.A.(Civil)/3978/2025 · 2025-12-14

Robin Phukan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010270282025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3978/2025 DEBORSHI BORKOTOKI SON OF DR. PUSPA MOHAN KATAKI, RESIDENT OF POLO FIELD, BAMUNGAON, SONITPUR, PIN- 784001, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, PENSION AND PUBLIC GRIEVANCES DEPARTMENT, JANATA BHAWAN, DISPUR, ASSAM, PIN-781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF FINANCE JANATA BHAWAN DISPUR ASSAM PIN-781006. 3:THE DIRECTOR OF HIGHER EDUCATION KAHILIPARA GUWAHATI ASSAM PIN-781019. 4:THE DIRECTOR OF PENSION ASSAM DIRECTORATE OF PENSION GOVERNMENT OF ASSAM 6TH FLOOR CENTRAL BLOCK HOUSEFED COMPLEX BELTOLA GUWAHATI ASSAM PIN-781006. Page No.# 2/4 5:THE DIRECTOR OF ACCOUNTS AND TREASURIES ASSAM DIRECTORATE OF ACCOUNTS AND TREASURIES GOVERNMENT OF ASSAM NEW KAR BHAWAN GANESHGURI DISPUR GUWAHATI PIN- 781006 ASSAM. 6:THE TREASURY OFFICER PATHARKANDI SUB-TREASURY PATHARKANDI SRIBHUMI ASSAM PIN- 788724. 7:THE ACCOUNTANT GENERAL MAIDAMGAON BELTOLA GUWAHATI ASSAM PIN-781029. 8:THE PRINCIPAL PANDIT DEENDAYAL UPADHYAYA MAHAVIDYALAYA ERALIGOOL SRIBHUMI ASSAM PIN- 788723. 9:THE PENSION FUND REGULATORY AND DEVELOPMENT AUTHORITY E-500 TOWER E 5TH FLOOR WORLD TRADE CENTRE NAUROJI NAGAR NEW DELHI PIN- 110029 INDIA REPRESENTED BY ITS CHAIRPERSON. 10:NATIONAL SECURITIES DEPOSITORY LIMITED HEAD OFFICE AT 3RD FLOOR NAMAN CHAMBER PLOT C-32 Page No.# 3/4 G-BLOCK BANDRA KURLA COMPLEX BANDRA EAST MUMBAI MAHARASHTRA - 400051 KEPRESENTED BY ITS MANAGING DIRECTOR Advocate for the Petitioner : MR P BHARDWAJ, M RAHMAN,B PARASHAR Advocate for the Respondent : GA, ASSAM, SC, HIGHER EDU,SC, FINANCE,SC, AG BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 15.12.2025 Heard Ms. B. Parashar, learned counsel for the applicant; Mr. A.R. Tahbildar, learned counsel for the opposite party No. 3; Ms. D.D. Barman, learned counsel for the opposite party Nos. 1 & 4; and Mr. S.K. Medhi, learned counsel for the opposite party No. 7. 2. This interlocutory application, under Order 6 Rule 17 of the CPC, is preferred by the applicant to amend the prayer portion of the writ petition, being W.P.(C) No. 6662/2025. 3. The learned counsel for the applicant submits that in the prayer portion of the aforementioned writ petition, some inadvertent errors have been crept in and as such, the same is required to the corrected as under:- “I. A writ in the nature of Mandamus directing the respondent authorities to deposit the National Pension System contribution of the petitioner and his employer for the period starting from the month of September, 2017 to 31.07.2020 in the National Pension System Account of the petitioner bearing No. 110145048859 Page No.# 4/4 along with interest as specified in the provisions of the Central Government Office Memorandum dated 12.04.2019……..” 4. On the other hand, the learned counsel for the opposite parties submit that they have no objection in the event of allowing this interlocutory application. 5. Accordingly, taking note of the submissions of learned counsel for both the parties, this interlocutory application stands allowed. 6. The prayer portion of the aforesaid writ petition shall be read as under:- “I. A writ in the nature of Mandamus directing the respondent authorities to deposit the National Pension System contribution of the petitioner and his employer for the period starting from the month of September, 2017 to 31.07.2020 in the National Pension System Account of the petitioner bearing No. 110145048859 along with interest as specified in the provisions of the Central Government Office Memorandum dated 12.04.2019……..” 7. In view of above, it is provided that the petitioner shall filed amended petition within a period of 1 (one) week from today and furnish a copy of the same to the respondents therein. Thereafter, the registry shall list the W.P.(C) No. 6662/2025 after a week. JUDGE Comparing Assistant