The Assam Co Operative Apex Bank Ltd ... vs Phanidhar Chaudhury
2025 Latest Caselaw 8045 Gua

Gauhati High Court

The Assam Co Operative Apex Bank Ltd ... vs Phanidhar Chaudhury on 27 October, 2025

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GAHC010259212023




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                            THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : WA/133/2025

            THE ASSAM CO OPERATIVE APEX BANK LTD PANBAZAR, GUWAHATI-01,
            ASSAM, REPRESENTED BY ITS MANAGING DIRECTOR, SRI DOMBARU
            SAIKIA, AGED ABOUT 48 YEARS,

                        VERSUS

            PHANIDHAR CHAUDHURY
            SON OF LATE PITO RAM CHAUDHURY, RESIDENT OF KUNDHLNAGAR,
            SARUMATARIA HENGRABARI, DISPUR, GUWAHATI-6, P.S- DISPUR, DIST-
            KAMRUP METRO, ASSAM.


For the Appellant(s)    : Mr. D.J. Boro, Advocate on behalf of Mr. J.K. Goswami, Standing
                        Counsel, Apex Bank.

For the Respondent(s)   :

-B E F O R E -

HON'BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY

27.10.2025 (Ashutosh Kumar, CJ)

By the impugned judgment, a learned Single Judge of this Court, on a conjoint reading of Clauses 1 & 2 of the Staff Circular No.49/2010 dated 17.08.2010, has directed that the respondent be paid his leave encashment on the basis of the last pay fixed notionally with effect from 31.12.2005.

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The learned counsel for the appellant, however, has submitted that this is not in keeping with the spirit of the judgment of the Hon'ble Supreme Court in State of Punjab & Ors. -Vs- Amar Nath Goyal & Ors. ::

(2005) 6 SCC 754.

The Staff Circular No.49/2010, which was impugned in the writ petition, clearly provided that the revised pay structure would be effective from 01.05.2010 but the revised pay for the employees would be notionally fixed as on 31.12.2005. Arrear amount with effect from 01.05.2010 would be paid in a single installment through respective bank accounts of the employees. Interim relief, other allowances (as circulated vide Staff Circular No.2/2002 dated 31.01.2002), expenditures on car maintenance paid to the employees with effect from 01.05.2010 shall be recovered from the arrear amount so released.

Clause 3 of the afore-noted Circular, however, clarified that the fixation in the revised Pay Scale and Grade Pay thereon was done with reference to the pre-revised Pay Scale in which the employee was actually drawing pay as on 31.12.2005.

Learned counsel for the appellant, therefore, submits that while giving a purposive interpretation to the various Clauses of the Circular in question, what was lost sight of was that the last pay drawn by the respondent would not be the notional pay fixed but on the pre-revised Pay Scale which he had already been drawing as on 31.12.2005.

In that view of the matter, the direction passed by the learned Single Judge, the learned counsel for the appellant argues, is liable to be interfered with.

Let notice be issued to the respondent, on steps being taken by Page No.# 3/3

the appellant within a period of 2(two) weeks by both modes, i.e. by registered post with A/D as well as by usual process, returnable on 21.01.2026.

                  JUDGE                  CHIEF JUSTICE


Mukut




Comparing Assistant