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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
DEVASHIS BARUAH
Temsumeren Jamir, S/O Late Sadem Jamir – Appellant
Versus
Branch Manager State Bank Of India, Main Branch Dimapur, Nagaland – Respondent
| Table of Content |
|---|
| 1. summary of case facts and procedural history. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. judicial assessment of loan agreements and deduction practices. (Para 7 , 8) |
| 3. parties reach consensus on loan installment servicing. (Para 9 , 10) |
| 4. final order formalizing consented loan repayment terms. (Para 11) |
JUDGMENT :
Devashis Baruah, J.
Heard Mr. Sentiyanger, the learned counsel appearing on behalf of the Petitioner. Mr. Y.P. Gupta, the learned Panel Advocate appears on behalf of the Respondent.
2. The Petitioner herein has approached this Court challenging the actions on the part of the Respondent Bank in attaching the entire monthly pension of the Petitioner towards the recovery of the loan.
3. The brief facts which led to the filing of the instant writ petition are that the Petitioner maintains a savings bank account with the State Bank of India, Main Branch, Dimapur bearing Account No. 11839377687. The Petitioner had availed a home loan from the State Bank of India, however, on account of financial constraints, the Petitioner defaulted in payments from time to time. The Petitioner, who was a Government employee, retired in the year 2019 and was issued a PPO Book No. 111917244 by
Pension funds are statutorily protected from attachment for debt recovery, and unauthorized deductions violate the right to livelihood under Article 21.
The unilateral deduction of pension funds by a bank for loan recovery is unconstitutional and violates the right to livelihood, requiring legal due process.
Pension accounts are protected from attachment under relevant statutes.
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