BANAMALI BORA Vs. STATE OF ASSAM
LAWS(GAU)-2018-1-29
HIGH COURT OF GAUHATI
Decided on January 11,2018

Banamali Bora Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

Suman Shyam, J. - (1.) Heard Mr. A. C. Sarma, learned counsel appearing for the writ petitioner. I have also heard Mr. C. Bhattacharjee , learned Standing Counsel, Secondary Education Department, Assam, appearing for the respondent Nos.1 to 3 as well as Mr. P. P. Dutta, learned counsel representing the respondent No.4.
(2.) The writ petitioner herein has retired as the In-charge Principal of Nonoi Higher Secondary School in the district of Nagaon upon attaining the age of superannuation with effect from 31.01.2012. Since the service of the petitioner is pensionable, hence, the departmental authorities have sanctioned provisional pension to the petitioner which he is receiving regularly. But the grievance of the petitioner is that the authorities have not finalised his pension even after the lapse of nearly six years from the date of his retirement apparently on account of the fact that the respondent No.4, i.e., the In-charge Principal of Nonoi Higher Secondary School has not issued the No Objection Certificate (NOC).
(3.) By inviting the attention of this Court to the communication dated 13.02.2013 issued by the Inspector of Schools, NDC, Nagaon, i.e. the respondent No.3 requesting the respondent No.4 to act on the application submitted by the petitioner for issuance of NOC for the purpose of settlement of his pension and DCRG, Mr. Sarma, learned counsel for the petitioner, submits that there is absolutely no valid reasons for the respondent No.4 to withhold the NOC. Notwithstanding the same, a completely arbitrary and illegal stand has been adopted by the school authority with a malafide intent of causing injury to the interest of the writ petitioner.;


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