Debesh Chakraborty v. The State of Assam and 4 Ors

ORDER Date : 08.01.2024

Heard Ms. N. Gogoi, learned counsel for the petitioner. Also heard Ms. M. Bhattacharjee, learned Additional Senior Government Advocate and Mr. S. K. Chakraborty, learned standing counsel, Provident Fund. It is submitted by the learned counsels for the respondents that the balance amount of Rs.5,92,007/- has been released to the petitioner. Ms. N. Gogoi, learned counsel for the petitioner does not dispute the received of the said amount. She, however, prays that because of the delay, the petitioner had suffered immensely and therefore, there was a claim for payment of interest @16% per annum. Considering the fact that the balance amount of pensionary benefit has been released, this Court is not inclined to pass any orders regarding the imposition of payment of any interest as prayed for by the petitioner. However, liberty is granted to the petitioner to pursue her remedies before an appropriate forum as per the provision of law regarding interest. Writ petition is disposed of in terms of the above. JUDGE Comparing Assistant

PageoNo.#o1/2 GAHC010153872022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5345/2022o DEBESHoCHAKRABORTYo SONoOFoLATEoDINESHoCHANDRAoCHAKRABORTY,oKALIoMAHABIRoBARIo ROAD,oWARDoNO.o5,oP.O.,oP.S.oANDoDISTRICT-oKARIMGANJ,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.o REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oMUNICIPALoADMINISTRATIONoDEPARTMENT,o DISPUR,oGUWAHATI-o781006. 2:THEoDIRECTOR oMUNICIPALoADMINISTRATIONoDEPARTMENT oDISPUR oGUWAHATI-o781006. 3:THEoCHAIRMAN/oCHAIRPERSON oKARIMGANJoMUNICIPALoBOARD oP.O. oP.S.oANDoDISTRICT-oKARIMGANJ oPIN-o788710 oASSAM. 4:THEoREGIONALoPROVIDENToFUNDoCOMMISSIONER oN.E.oREGION oBHANGAGARH oGUWAHATI-o781005. 5:THEoDEPUTYoCOMMISSIONER oKARIMGANJ oP.O. oP.S.oANDoDISTRICT-oKARIMGANJ oPIN-o788710 Page No.# 2/2 ASSAM Advocate for the Petitioner : MS. N GOGOI Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA