SRI SUBODH CHANDRA NATH v. THE STATE OF ASSAM AND 7 ORS
WP(C)/1559/2026 · 2026-06-18
Shamima Jahan
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 8765 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8765 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/5 GAHC010052372026
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1559/2026 SRI SUBODH CHANDRA NATH SO DAYAL CHANDRA NATH, RETIRED HEADMASTER OF KONAPARA GRANT M.E SCHOOL, P.O AND P.S- KALAIN, CACHAR, ASSAM, PIN 788815 VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE SECRETARY TO THE GOVT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION (ELEMENTARY), DISPUR, GUWAHATI 788006 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT FINANCE DISPUR GUWAHATI 788006 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI 781019 4:THE DIRECTORATE OF PENSION ASSAM DISPUR GUWAHATI 781006 5:THE TREASURY OFFICER CACHAR TREASURY SILCHAR ASSAM PIN 788001
Page No.# 2/5 6:THE DISTRICT ELEMENTARY EDUCATION OFFICER CACHAR SILCHAR ASSAM PIN 788003 7:THE DEPUTY INSPECTOR OF SCHOOLS SILCHAR CACHAR ASSAM PIN 788003 8:THE BRANCH MANAGER PUNJAB NATIONAL BANK KALAIN BRANCH CACHAR ASSAM PIN 78881 Advocate for the Petitioner : MR. B PURKAYASTHA, MR A B DEY,MR. S SUTRADHAR Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU,SC, FINANCE,SC, PNB
BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN
ORDER Date : 19.06.2026
Heard Mr. B. Purkayastha along with Mr. A.B. Dey, learned Counsels for the petitioner, Ms. R.M. Baruah, learned Counsel, Finance Department, Ms. S.
Page No.# 3/5 Chutia, learned Counsel representing respondent no. 1, 3 and 5, Mr. D.K. Sharma, learned Counsel representing respondent no.4 and Mr. D. Gogoi,
learned Counsel representing respondent no.8 i.e. the bank official.
2. By this application filed under Article 226 of the Constitution of India, the petitioner has prayed for writ in a nature of mandamus directing the authorities to pay the pension which was stopped from October, 2017 to the petitioner. Further prayer is made that the interest at the rate of 18 per cent annum should be paid to the petitioner from October 2017 till date.
3. The case of the petitioner is that he was working as a Teacher in Konapara Grant M.E. School and later on he was also appointed as the Head Master of the said school and that he retired from his service on 30.06.2009. It is the further case of the petitioner that he was getting regular pension from the date of his retirement till October 2017 and that thereafter his pension was stopped for reasons known to the authorities. Later he was informed by the authorities that his pension was stopped due to non furnishing of life certificate by the petitioner. The petitioner as such appeared before the authorities of the bank and submitted his life certificate in the Month of May, 2026. It is also the case of the petitioner that he was never informed of the reasons as to why his pension was stopped and when he filed the instant writ petition, he was apprised of the reason and had submitted his life certificate as stated above.
3. The learned Counsel for the petitioner submits that he has information that the pension payment order was given to the Treasury Department as well as to the Pension Department but till date the authorities in the Treasury and Pension Department had not acted upon.
4. The learned Counsel for the Education Department has placed instruction
Page No.# 4/5 dated 26.03.2026 by which it was intimated that the Director of Pension Department, Assam had sanctioned the pension payment order vide No. ADP/PPO/GPO/2010/003504 in respect of the petitioner, who had retired as Head Master of the said school and that on the strength of the said PPO, the pension was given to the petitioner since the date of his retirement till October,
2017. It is further intimated that the concerned bank and the Directorate of Pension are the competent authority for monitoring and settling the matter. The
learned Counsel for Pension Department, Mr. D.K. Sharma submits that the pension payment order dated 03.12.2010 was issued from the Directorate of Pension and the reason for stoppage of pension is not known to the said department.
5. The learned Counsel for Treasury Department, Ms. R.M. Baruah submits that disbursement has been done by the Finance Department in connection with the pension of the petitioner to the concerned bank.
6. The learned Counsel appearing for the bank had however submitted that as per requirement, the life certificate is not submitted for every year by the petitioner and as such pension could not be disbursed to the petitioner for the same. He further submits that it is known to every pensioner that every year life certificate should be given and due to the absence of the same, pension could not be paid.
7. In consideration of the submissions made by the learned Counsel for all the parties, this Court therefore directs the bank authorities having received the life certificate of the petitioner for the present year, to disburse the pension amount as per the PPO mentioned above to the petitioner and the petitioner is also directed to deposit the life certificate every year so that the present problem does not arise.
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8. The Respondent no.8 is further directed to release the pension accrued to the petitioner since October, 2017 till date along with the interest, as permissible under the law.
9. Petition is as such disposed of.
JUDGE
Comparing Assistant