Gauhati High Court
Pradip Kumar Deka vs The State Of Assam And 5 Ors on 24 July, 2025
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/3
GAHC010295052019
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/8943/2019
PRADIP KUMAR DEKA
S/O BADAN CHANDRA DEKA, R/O VILL-BANGAON, P.O.-BANAGRAM,
DIST-NALBARI, ASSAM, PIN-781303
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM,
PANCHAYAT AND RURAL DEVELOPMENT, DISPUR, GUWAHATI-781006
2:THE COMMISSIONER TO THE GOVT OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT
ASSAM
PANJABARI
JURIPAR
GUWAHATI-781037
3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-781006
4:THE DIRECTOR
PANCHAYAT AND RURAL DEVELOPMENT
ASSAM
PANJABARI
JURIPAR
GUWAHATI-781037
5:THE DIRECTOR
PENSION
ASSAM
Page No.# 2/3
HOUSEFED COMPLEX
DISPUR
GUWAHATI-781006
6:THE CHIEF EXECUTIVE OFFICER
NALBARI ZILA PARISHAD
NALBARI
ASSAM
PIN-78133
Advocate for the Petitioner : MR. P K BARMAN, MS. P CHUTIA
Advocate for the Respondent : SR. GA, ASSAM, SC, PNRD,SC, FINANCE
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
24.07.2025 Heard Mr. P.K. Barman, learned counsel for the petitioner. Also heard Mr. K. Konwar, learned Additional Advocate General for the respondents and Ms. U. Sharma, learned counsel for the respondent no. 5.
The grievance of the petitioner before this Court is that he rendered service as a Tax Collector under the Nalbari Zilla Parishad, and during his service, with effect from December 2016, certain amounts were deducted from his salary on account of the New Pension Scheme (NPS), without his knowledge. It is the grievance of the petitioner that he never opted for the New Pension Scheme, and without submitting any formal option, the authorities unilaterally continued to deduct amounts from his salary. Pursuant to his retirement, the petitioner was granted provisional pension, and his pension proposal was stated to be under consideration. However, by order dated 08.04.2019, the provisional pension was cancelled on the ground that the sanction for NPS had been accorded on 07.01.2019.
Page No.# 3/3 Being aggrieved, the petitioner has approached this Court.
The learned Additional Advocate General for the State submits that the petitioner had been contributing under the NPS since December 2016, and therefore, his case is covered under the NPS. As such, the claims made in the present writ petition are not maintainable.
Mr. Konwar, however, is unable to assist the Court on the question of whether the petitioner had formally opted for the NPS, although his contributions are shown to have been made since December 2016. Mr. Konwar is permitted three (3) weeks' time to complete his instructions in this regard, the matter to be listed after three (3) weeks.
JUDGE Comparing Assistant