Dilip Kumar Dev vs Punjab National Bank And 5 Ors
2026 Latest Caselaw 293 Gua

Gauhati High Court

Dilip Kumar Dev vs Punjab National Bank And 5 Ors on 21 January, 2026

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                  Page No.# 1/4

GAHC010287982025




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

                          Case No. : WP(C)/113/2026

         DILIP KUMAR DEV
         SON OF LATE GOPESH CHANDRA DEVRESIDENT OF 86, BORTHAKUR
         MILL ROAD, BYE-LANE NO.6, ULUBARI, DISTRICT-KAMRUP (M)
         GUWAHATI-781007.



         VERSUS

         PUNJAB NATIONAL BANK AND 5 ORS
         REPRESENTED BY ITS MANAGING DIRECTOR AND CHIEF EXECUTIVE
         OFFICER, HAVING ITS HEAD OFFICE AT PLOT NO.4, SECTOR-10, DWARKA,
         NEW DELHI

         2:CENTRALIZED PENSION PROCESSING CENTRE
          KOLKATA
          PUNJAB NATIONAL BANK
          REPRESENTED BY CHIEF MANAGER 111
          HEMANTA BASU SARANI
          KOLKATA 700001

         3:MR NEELANJAN BANERJEE
          CHIEF MANAGER PUNJAB NATIONAL BANK
          111
          HEMANTA BASU SARANI
          KOLKATA 700001

         4:THE ACCOUNTANT GENERAL (A AND E)
         ASSAM
          MAIDAMGAON
          BELTOLA
          GUWAHATI-781029

         5:MR KAMALENDU BHATTACHARJEE
                                                                 Page No.# 2/4

          SENIOR ACCOUNTS OFFICER
          PENSION-1 SECTION MAIDAMGAON
          BELTOLA
          GUWAHATI-781029.

          6:STATE OF ASSAM
           REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
          OF ASSAM
          ASSAM ADMINISTRATIVE REFORM TRAINING
           PENSION AND PUBLIC GRIEVANCE DEPARTMENT
           BLOCK-A
          THIRD FLOOR
           JANATA BHAWAN
           DISPUR
           GUWAHATI-781006

For the petitioner (s)   : Mr. S. K. Ghosh, Advocate

   For the respondent (s) : Mr. S. Dutta, SC, PNB
                   Mr. C. Baruah, Advocate
                   Ms. U. Sharma, Govt. Advocate


                             BEFORE
              HON'BLE MR. JUSTICE DEVASHIS BARUAH
                            ORDER

21.01.2026

Issue notice making it returnable on 27.02.2026.

2. This Court on the present facts is not inclined to issue notice upon the respondent Nos.3 & 5 as there are no allegations of malafide as regards the respondent Nos.3 & 5.

3. Mr. S. Dutta, the learned counsel accepts notice on behalf of the respondent Nos.1 & 2; Mr. C. Baruah, the learned counsel Page No.# 3/4

accepts notice on behalf of the respondent No.4 and Ms. U. Sharma, the learned counsel accepts notice on behalf of the respondent No.6. As the respondent Nos.1, 2, 4 & 6 are duly represented by their respective lawyers, extra copies of the writ petition be furnished upon them during the course of the day.

4. The case of the petitioner herein is that the petitioner is a family pensioner who had been receiving pension prior to 01.01.2006. In terms with the Office Memorandum dated 01.06.2010, the petitioner is entitled for computation of the family pension in terms with Clause 3(b)(I) of the said Office Memorandum. However, the Respondent Authorities, more particularly, the respondent No.4 has denied such entitlement.

5. The learned counsel appearing on behalf of the petitioner submitted that the issue is no longer res integra taking into account that this Court has passed orders in the case of Bijaya Goswami and Others vs. State Bank of India and Others , reported in

2018 5 GLT 122 as well as in the case of Smti. Bulu Barua vs. the

State of Assam, reported in 2017 2 GLT 856.

6. The learned counsel appearing on behalf of the petitioner further submitted that even the State of Assam had issued a clarification on 07.08.2012, but for reasons best known, the respondent No.4 is not acting thereupon. It is under such Page No.# 4/4

circumstances, the petitioner has therefore approached this Court.

7. The respondents herein are directed to bring on record their stand by filing the affidavit on or before 23.02.2026.

8. It is observed that pending the next date, it shall not be a bar on the part of the respondent No.4 to take necessary steps, if so advised, in terms with the judgments of this Court in the case of Bijaya Goswami and Others (supra) and Smti. Bulu Barua (supra).

JUDGE Comparing Assistant