SUNIT KUMAR DAS AND 8 ORS Vs. STATE OF ASSAM AND 4 ORS
LAWS(GAU)-2018-12-29
HIGH COURT OF GAUHATI
Decided on December 07,2018

Sunit Kumar Das And 8 Ors Appellant
VERSUS
State Of Assam And 4 Ors Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) It is taken note of that nine different petitioners have joined together to file this writ petition for a common cause that their pensions had not been paid because of certain orders passed by the Pension Department regarding recovery of some amounts from their pensionery benefits. Although, a part of cause of action may same, but in order to adjudicate the matter, the individual facts have to be gone into.
(2.) Accordingly the Court is of the view that a common writ petition is not maintainable. On the submission of Mr. N. Islam, learned counsel for the petitioner, the Court takes up this writ petition to be a petition on behalf of the petitioner No.1 i.e. Sri Sunit Kumar Das and give a due consideration to the same. In respect of the other petitioners, they are allowed to withdraw themselves from the present writ petition with liberty to prefer appropriate writ petitions on their own.
(3.) Heard Mr. N. Islam, learned Counsel for the petitioner, Mr. N. Sarma, learned Standing Counsel for the Elementary Education Department and Ms. MB Bora, learned Additional Senior Government appearing for the Pension Department.;


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