Tripura High Court
Sri Ranendra Narayan Das vs The State Of Tripura & Ors on 1 June, 2022
Page 1 of 3
HIGH COURT OF TRIPURA
_A_G_A_R_T_A_L_A_
WA No.12 of 2021
Sri Ranendra Narayan Das
.................. Appellant(s).
Versus
The State of Tripura & Ors.
............... Respondent(s).
For Appellant(s) : Mr. S. M. Chakraborty, Sr. Advocate,
Ms. A. Pal, Advocate.
For Respondent(s) : Mr. Bidyut Majumder, Asst. S.G.,
Mr. Mangal Debbarma, Addl. G.A.
HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY
HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY
_O_ R_ D_ E_ R_
01/06/2022
(Indrajit Mahanty, CJ)
Heard learned counsel for the respective parties.
On perusal of the order-sheet in the present case, it appears
that by order dated 08.04.2021 this Court had taken note of the earlier
order passed by Division Bench of this Court in IA No.1 of 2019 arising
out W.A. No.146 of 2019 dated 17.02.2021. In the said order, the
Division Bench had observed as follows :-
"We make it further clear that the question of recovery of arrears of
pay from the Sub-Inspectors of Police who had already received is
kept open to the decision makers of the state."
A query was raised by the Court to the counsel for the State to
respond and state as to whether the State had taken any decision or not on
the issue left open for them to decide by filing a reply.
The State filed its response and enclosed a memorandum
issued by the Home Department, Government of Tripura, dated 30th July,
2021 under Annexure - R/2 wherein following directions were issued :-
".................
Now, therefore, in pursuance of common judgment & order dated
17.02.2021 passed by the Hon'ble High Court of Tripura in I.A. No.
01 of 2019 in W.A. No. 146 of 2019 (The State of Tripura -Vs- Sri
Ajoy Mallik & Ors.) and similarly situated writ appeals and writ
petitioners, the Government of Tripura, in the Home department,
has decided to recover the arrears as already paid to the respondents
and accordingly Director General of Police is directed to take
necessary steps for recovering the arrears paid to the respondents in
I.A. No. 01 of 2019 in W.A. No. 146 of 2019 (The Sate of Tripura -
Vs- Sri Ajoy Mallik & Ors) and similarly situated writ appeals and
writ petitions that has been disposed of by common judgment &
order dated 17.02.2021 by the Hon'ble High Court of Tripura."
Learned counsel for the appellant submits that the original
writ petitioners have moved the Hon'ble Supreme Court against the
judgment and order passed in Writ Appeal No.146 of 2019. It is also
brought to our notice by learned counsel for the appellant that the
judgment and order dated 25.07.2018 in Writ Appeal No.32 of 2016
passed by the High Court of Tripura is under challenge before the
Hon'ble Supreme Court in Special Leave to Appeal (C) No.8567/2019. In
light of this, the Hon'ble Supreme Court has directed the State not to take
out any proceedings seeking recovery of the amount from the concerned
employees to whom arrears were made over by it.
In view of such directions of the Hon'ble Supreme Court,
nothing survives for consideration in the present case and it is open for
the appellant to seek appropriate relief(s) from the Hon'ble Supreme
Court if he so advised in a proper manner.
In terms of the above, this writ appeal stands disposed of. Stay
order granted earlier, if any, stands vacated. Pending application(s), if
any, also stands disposed of.
(S.G. CHATTOPADHYAY), J (INDRAJIT MAHANTY), CJ
Munna S
