Gauhati High Court
Shamim Ara Safia Zaman vs The Union Of India And 5 Ors on 31 July, 2025
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GAHC010144142023
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3833/2023
SHAMIM ARA SAFIA ZAMAN
W/O- LATE SHAH JAMAL ALI, R/O- NAMTIAL GAON, P.O. KALOOGAON,
SIVASAGAR, PIN- 785666, ASSAM
VERSUS
THE UNION OF INDIA AND 5 ORS
REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF
FINANCE, DEPTT. OF FINANCIAL SERVICES, 3RD FLOOR, JEVEN DEEP
BUILDING, SANSAD MARG, NEW DELHI PIN- 110001
2:THE PUNJAB NATIONAL BANK
REP. BY THE CHAIRMAN AND MANAGING DIRECTOR HEAD OFFICE-
PLOT NO.4
SECTOR-10
DWARKA
NEW DELHI
PIN- 110075
3:THE CHIEF GENERAL MANAGER
PUNJAB NATIONAL BANK
UNITED TOWER
11
HEMANTA BASU SARANI
KOLKATA PIN- 700001
4:THE SENIOR MANAGER (STAFF PENSION)
PUNJAB NATIONAL BANK
STAFF PENSION DEPARTMENT
HEAD OFFICE- KOLKATA UNITED TOWER
11
HEMANTA BASU SARANI
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KOLKATA PIN- 700001
5:THE CIRCLE HEAD
PUNJAB NATIONAL BANK
JORHAT CIRCLE HEAD (ERSTEHILE REGIONAL OFFICE
UNITED BANK OF INDIA
SIBSAGAR REGION)
JORHAT
PIN- 785001
6:THE BRANCH MANAGER
PUNJAB NATIONAL BANK
DEMOW CHARALI BRANCH
P.O. DEMOW
PIN- 78567
Advocate for the Petitioner : MR. A AHMED, MS. D GOSWAMI
Advocate for the Respondent : SC, PNB, MS S MOCHAHARI (r-2 TO 6),MR S DUTTA (r-2 TO
6),MR. S DUTTA (r-2 TO 6),DY.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
Date : 31.07.2025 Heard Ms. D. Goswami, learned counsel appearing for the petitioner. Also heard Mr. S. Dutta, learned counsel appearing for respondents.
2. This matter was listed today under the column, "For Referral to the Special Mediation Drive-Mediation 'For the Nation'" as per the Standard Operating Procedure (SOP) as approved by the Executive Chairman, National Legal Services Authority (NALSA) and Chairman, Mediation and Conciliation Project Committee (MCPC) for the Campaign - Mediation 'For the Nation'.
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3. The aforesaid Standard Operating Procedure reads as under:-
"ANNEXURE-A The Standard Operating Procedure as approved by the Hon'ble Executive Chairman NALSA and Chairman, MCPC for the Campaign-Mediation 'For the Nation'.
1. TIME LINE 1st JULY TO 31st JULY- Case Identification, Information to parties and referral to Mediators. (Note-Efforts for mediation will begin soon after referral to Mediator) July 2025- VC of His Lordship Hon'ble Justice Surya Kant with Chief Justices and Members of Mediation Monitoring Committees of all High Courts of India. (Date of VC will be communicated in due course) 31-7-2025- Transmission of data to MCPC by all the High Courts as to total matters pending as well as referred to mediation under each category in the State on the dedicated email id (dedicated email id will be shared to all High Courts in due course) 4th, 11th, 18th, 25th August and 1st , 8th , 15th and 22nd September 2025 - Transmission of data as to matter settled through mediation to the MCPC by the SLSA on the dedicated email.
6-10-2025- Transmission of data as to total matters referred to Mediation and total matters settled to the MCPC by the High Court on the dedicated email (format is given in this SOP-Annexure A) 7th October 2025- Press Release by each SLSA/Mediation Monitoring Committee of the High Court Action by the High Court/District Court/Taluka Court
2. All matters having elements of settlement including matters pending under each of the following categories may be referred for mediation.
MATRIMONIAL DISPUTES CASES, ACCIDENT CLAIMS CASES, DOMESTIC VIOLENCE CASES, Page No.# 4/6 CHEQUE BOUNCE CASES, COMMERCIAL DISPUTES CASES SERVICE MATTERS CASES, CRIMINAL COMPOUNDABLE CASES, CONSUMER DISPUTES CASES, DEBT RECOVERY CASES, PARTITION CASES, EVICTION CASES, LAND ACQUISITION CASES, OTHER SUITABLE CIVIL CASES
3. High Courts and District Courts may identify suitable cases from their database irrespective of the date fixed in the matter. For notice/intimation to the parties, the Courts may list them in the Cause list from 01-07-2025 to 31-07-25 under the Heading -"For Referral to the Special Mediation Drive-Mediation 'For the Nation'.
4. All such matters should be referred in which there exists an element of settlement.
5. Referral order should contain first date of mediation as well as mobile number and email id of the coordinator of the Mediation Centre where the parties are to appear for settlement efforts.
Action by SLSA/DLSA/TLSC/Mediation Centre
6. All existing Mediators including the Mediators who have undergone 40 Hours Mediation Training recently shall be involved in this Campaign and matters shall be marked to them.
7. Mediation settlement efforts shall be made on all 7 days of the week as per the convenience of the parties.
8. Parties willing to appear online shall be allowed to appear online.
9. Mediation may be completely in offline mode (physical mode), completely in online mode or in Hybrid mode.
10. Taluka or District Legal Services Authority shall facilitate online mediation.
11. Help of counselors, subject matter experts may be taken in the special campaign wherever required.
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12. Entire data of cases settled shall be transmitted to the MCPC in tabular chart containing case no., name of the parties, Referral Court's name, category/nature of the case, name of the mediator, first mediation date and final result date.
Referral Category/ Final
Case Parties' First date of
Sl.No Court's Nature of Mediator Result
No. Name mediation
Name Case Date
Action by SLSA/High Court Mediation Monitoring Committee
13. Wide publicity in the print and electronic media should be given to this Mediation Campaign-Mediation 'For the Nation' by the SLSA/High Court Mediation Monitoring committee in regional languages also. The SLSA/High Court Mediation Monitoring Committee may get the campaign document and all other relevant materials translated in to the regional languages of the State.
14. Mediation Monitoring Committee of the High Court may monitor the mediation campaign to ensure its success.
15. Concerned High Court may make its own strategy for ensuring success of this campaign.
Action by Secretary MCPC
16. MCPC shall request the NJA Bhopal to conduct intensive study on all aspects of the campaign including its impact in association with such National Law Universities which It deems fit.
17. MCPC shall inform the Secretary to the Government of India about this campaign."
4. Pertinent that prior to listing of the said matter in terms of the aforesaid SOP, the cases suitable for referral to the Mediation Centre were identified and thereafter, the parties were notified through their Legal Counsels for taking their consent for referring the case for Page No.# 6/6 mediation as per the SOP.
5. The instant writ petition being one of such case has been listed today in order to ascertain whether the parties are agreeable and willing for referring the instant case for mediation.
6. However, when the matter is called today, learned counsel submits that they are waiting for instructions from their clients whether they are agreeable to solve the issue involve through a mediator or not and accordingly seek for listing of the matter after one (1) week.
7. As prayed for, let the matter be listed after one (1) week on a date to be fixed by the Registry.
8. A copy of this order be furnished to all the learned counsels for the parties.
JUDGE Comparing Assistant