Page No.# 1/4 GAHC010022882015 2025:GAU-AS:3951 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6159/2015 ASSAM STATE CO-OPERATIVE HOUSING FEDERATION LTD. HOUSEFED, A GOVT. OF ASSAM UNDERTAKING, REGISTERED UNDER THE ASSAM CO- OPERATIVE SOCIETIES ACT, 1949, HAVING ITS REGISTERED OFFICE AT BELTOLA- BASISTHA ROAD, DISPUR, GUWAHATI-781006, KAMRUP M, ASSAM, REP. BY THE ITS MANAGING DIRECTOR. VERSUS THE STATE OF ASSAM AND 10 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SECRETARIAT ADMINISTRATION DEPARTMENT, DISPUR, GUWAHATI- 781006, ASSAM. 2:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM SECRETARIAT ADMINISTRATION NAZARAT DEPARTMENT DISPUR GUWAHATI- 781006 ASSAM. 3:THE UNDER SECRETARY TO THE GOVT. OF ASSAM SECRETARIAT ADMINISTRATION NAZARAT DEPARTMENT DISPUR GUWAHATI - 781006 ASSAM. 4:THE ADDITIONAL SECRETARY TO THE GOVT. OF ASSAM SECRETARIAT ADMINISTRATION ACCOUNTS DEPARTMENT DISPUR GUWAHATI- 781006 Page No.# 2/4 ASSAM. 5:THE UNDER SECRETARY TO THE GOVT. OF ASSAM SECRETARIAT ADMINISTRATION ACCOUNTS DEPARTMENT DISPUR GUWAHATI-781006 ASSAM. 6:THE ACCOUNTANT GENERAL Aand E ASSAM MAIDAMGAON BELTOLA GUWAHATI- 781029 KAMRUP M ASSAM. 7:THE ACCOUNTS OFFICER O/O THE PRINCIPAL ACCOUNTANT GENERAL A and E ASSAM MAIDAMGAON BELTOLA GUWAHATI- 781029 KAMRUP M ASSAM. 8:THE TREASURY OFFICER DISPUR TREASURY DIST. KAMRUP M ASSAM. 9:THE BRANCH MANAGER STATE BANK OF INDIA ASSAM SECRETARIAT BRANCH DISPUR GUWAHATI - 781006 KAMRUP M ASSAM. 10:SRI ACHYUT CH. BAISHYA S/O LT. DATTA RAM BAISHYA R/O BELTOLA BAZAR SEUZ NAGAR HOUSE NO. 5 GUWAHATI- 781028 Page No.# 3/4 KAMRUP M ASSAM. 11:SMT. SUBHADRA BAISHYA W/O SRI ACHYUT CH. BAISHYA R/O BELTOLA BAZAR SEUZ NAGAR HOUSE NO. 5 GUWAHATI- 781028 KAMRUP M ASSAM Advocate for the Petitioner : MR.D CHAKRABORTY, MR.S R BORUAH Advocate for the Respondent : GA, ASSAM, MS.R AKHTAR(R- 6,7,8),MRA R BHUYAN(R-10 &11),MRV K BAROOAH(R-9),MR.A U AHMED(R-10 & 11),MR.B GOGOI(R-6,7,8),MR.C BARUAH,SC, AG,MR.K K DEY(R-9),SC, FINANCE BEFORE THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY O R D E R 01.04.2025 1. Heard Mr. D Chakraborty, learned counsel for the petitioner. Also heard Mr. B Chakrabarty, learned counsel for the Respondent Nos. 6 and 7 and Mr. VK Barooah, learned counsel for the respondent No. 9. None appears for the respondent Nos. 10 and 11. 2. Respondent No. 10 was an employee under Secretariat Administration Department. In the year 2000, respondent No. 10 had availed a housing loan from the petitioner Assam State Co-operative Housing Federation Ltd. To facilitate such housing loan, the employer of respondent No. 10 had executed a certificate of undertaking to recover loan amount from the petitioner by making deduction from his salary. The respondent No. 11, wife of respondent No. 10 was the guarantor of the loan. The respondent No. 10 defaulted in making repayment and accordingly, the petitioner Federation communicated to the employer of respondent No. 10 for recovery of the Page No.# 4/4 loan. However, there was no response from the employer and accordingly, the present writ petition is filed for issuance of writ of mandamus to the respondent employer to ensure the recovery of the outstanding loan amount from the respondent Nos. 10 and 11. 3. The learned counsel representing the respondent No. 5 (Employer) submits that the respondent No. 10 has in the meantime retired from service on 30.06.2011 and his DCRG has also been released and therefore, it will not be possible on their part to recover the loan from the monthly pension. 4. This court is also of the opinion that, in the given facts of the present case no mandamus can be issued directing recovery of the loan from the pension of the petitioner. Accordingly, in view of the aforesaid the present writ petition stands dismissed. JUDGE Comparing Assistant