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Judgment
Heard Mr. A.H.Hazarika, learned counsel for the petitioner, Mr. K.Khan, learned counsel for the respondents No. 6, 7 and 8 and Mr.
R.Debnath, learned CGC for the respondents No. 4 & 5.
The petitioner''s case in a nutshell is that:
The brief matrix of the case is that the petitioner was appointed as U.B. Constable of Dhubri District Executive Force, Assam,
under Dhubri District by the Superintendent of Police, Dhubri, Assam, and since then he had been in continuing service without break
or blasphemy or any adverse remarks during his whole service career and in view of that consideration, his was duly regularized and
confirmed.
That the petitioner due to his health condition, had opted for voluntary retirement after completing of near about 30 (Thirty) years
continuous service which was duly accepted by the competent authority, ie, Inspector General of Police Administrator, Guwahati,
Assam and accordingly retired/released from service during the year 2003, and thereafter the Govt. of Assam granted full Pensionary
Benefits though he took voluntary retirement and soon after his retirement the competent authority granted Provisional Pension
temporarily and after a few months of retirement granted full Pension and draw the Monthly Pension from the Treasury Office of
Dhubri, Assam, and the petitioner being a permanent resident of Paham, West Garo Hills District, Meghalaya, faced great difficulty in
drawing his Pension from the Dhubri Treasury, therefore he was compelled to addressed a Letter to the competent authority with a
request to transfer his Pension Account from Dhubri Treasury to Phulbari State Bank of India Branch, and in this respect the Senior
Account Officer, Accountant General (A&E), Assam wrote a letter to the Accountant General (A&E), Meghalaya, Shillong dated
07-02-2006 and accordingly transferred the Pension Account along with Pension Books and Service Books of the petitioner which
is still under the custody/possession of the Branch Manager, State Bank of India, Phulbari Branch, though requested to return the
Service Book but till date failed to hand over the same.
That the Inspector General of Police (OSD), Guwahati, Assam vide letter dated 21-01-2004, informed the Superintendent of
Polilce, Dhubri District, Assam, and directed to rectify the defeat and re-submit all the connected Pension documents of the
petitioner,
That the Treasury Officer, Dhubri, Assam vide letter dated 19-11-2004 to the Accountant Genera (A&E), Assam, Guwahati - 29,
submitting the relevant documents to the State Bank of India, Phulbari Branch, West Garo Hills District, Meghalaya, as the petitioner
desired to draw his pension from the said Branch and thereafter the petitioner has been continuously drawing his Monthly Family
Pension from the State Bank of India, Phulbari Branch, till date.
That the Govt. of Assam, through Secretary to the Govt. of Assam, Pension and Public Grievances Department, Dispur,
Guwahati, Assam issued an Office Memorandum dated 01-06-2010 with a view to provide benefit to the pensioners who retired
from service prior to 2006, wherein it clearly mentioned that pensioner shall be consolidated/revised w.e.f. 01-01-2006 notionally be
adding together, and also mentioned that from 01-04-2009 Dearness Allowances would be 22% from 01-07-2009, 27% and from
01-01-2010 would be 35%.
That the petitioner addressed letters dated 02-02-2012 and 03-10-2012 to the Chief Manager, C.P.P.C, State Bank of India,
Sethi Trust Building, G.M.C. Branch, Bhangagarh, Guwahati-5, and requested to take necessary initiative to provide the Arrear
amount of Dearness Allowances and revised Pension, however, the same is denied in most illegal manner by depriving to get the
revised arrear.
That the Branch Manager of State Bank of India, Phulbari Branch vide letter dated 27-06-2015 to the Chief Manager, Centralized
Pension Processing Centre, State Bank of India, Zonal Office - Unit - II, Bhangagarh, Guwahati, Assam requested to take immediate
action.
That the counsel for the petitioner in the long run served a legal notice to the Regional Manager, State Bank of India, Laitumkhrah,
Shillong, Meghalaya , dated 24-11-2015, however, despite of receiving the legal notice has not taken any action for releasing the
revised pension and Dearness Allowances Arrears in pursuance of Office Memorandum issued by the Govt. of Assam, w.e.f 01-01-
2008 onwards.
That the petitioner begs to submit that he has to run from pillar to post and approached the concerned authority number of times,
but without any fruitful result and having no other alternative forum to redress his grievances, is compelled to approach before this
Hon''ble High Court for appropriate relief and also prays that the Hon''ble High Court may issue appropriate direction to the
Respondent Authority to release the Revised Pension and Dearness Allowances Arrears to the petitioner without further delay.
That the instant writ petition is filed bonafide for the ends of justice.
Learned counsel for the petitioner, Mr. AH Hazarika submits that as per the Government Circulars dated 01-06-2010 and 12-05-2015,
petitioner is supposed to get certain dearness allowance. As per the Circulars mentioned above, the petitioner received the dearness allowance
only upto 2008.
Learned counsel for the respondents-Bank, Mr. K.Khan submits that this dearness allowance should be paid by the Govt. of Assam.
Whatever the case maybe, petitioner is entitled as per the Government Circulars referred above to be paid the dearness allowance either by the
Bank or the Govt. of Assam. Petitioner is directed to make a representation before the Bank and the Govt. of Assam. Let them decide who should
make the payment and release the dearness allowance arrears in accordance with the circulars mentioned above within one month from the date of
submission of representation.
With this observation and direction, the writ petition is allowed and stands disposed of.