Research › Search › Judgment

Gauhati High Court · body

2017 DIGILAW 323 (GAU)

MOHAN BORA v. ASSAM CO-OPERATIVE APEX BANK LTD.

2017-03-15

SUMAN SHYAM

body2017
JUDGMENT : Heard Mr. R. Sarma, learned counsel for the petitioner. Also heard Mr. N. Sarma, learned Standing Counsel, Elementary Education Department, Assam appearing for respondent Nos.3 to 5. None appears for the remaining respondents. 2. The writ petitioners are working as teachers in Higher Secondary/High/ME/LP schools. They had applied for medium term personal loan before the respondent No.1 Bank pursuant whereto the loan was also made available to them. The recovery of the loan was being made by means of Equated Monthly Installments (EMI). However, when the petitioners defaulted in regular payment of the EMI, their salary bills were withheld by the respondent bank as a result of which, the petitioners were compelled to approach this Court by filing the instant writ petition. 3. Mr. Sarma, learned counsel for the petitioners, submits that the respondent bank has released the salary and allowances payable to the petitioners during the pendency of the writ petition after deducting the EMI at source. However, according to Mr. Sarma, the amount of EMI deducted by the bank is far in excess of what is admissible as per the loan agreement. 4. As noted above, the writ petition was filed with the limited grievance as regards withholding of the salary and allowances of the petitioners. Since the said grievance has already been redressed, hence, I do not find any justification for keeping the writ petition pending. 5. As regards the grievance expressed regarding the quantum of EMI deducted from their salary, the same not being the subject matter of the writ petition, the petitioners would be required to agitate their grievances before the concerned bank officials before raising the same before this Court. 6. In view of the above, this writ petition is disposed of with a direction upon the respondents to continue to release the salary and allowances legally admissible in case of the writ petitioners. 7. The petitioners are also given liberty to file representations agitating their grievances before the concerned authorities regarding the quantum of EMI deducted. If such representations are filed by the petitioners, the same be looked into and appropriate decision be taken by the authorities in accordance with law. If the petitioners continue to remain aggrieved in the matter, they shall be at liberty to approach this Court by filing fresh writ petitions. 8. With the above observations, this writ petition stands disposed of.