Tripura High Court
Shri Narayan Chandra Ghosh vs The State Of Tripura & 2 Others on 11 April, 2023
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HIGH COURT OF TRIPURA
_A_G_A_R_T_A_L_A_
WP(C) No.193 of 2023
Shri Narayan Chandra Ghosh
.....Petitioner
_V_E_R_S_U_S_
The State of Tripura & 2 Others.
.....Respondetns
For Petitioner(s) : Mr. B. N. Majumder, Sr. Advocate.
Mr. R. Saha, Advocate.
For Respondent(s) : Mr. D. Bhattacharjee, G.A.
Mr. B. Majumder, Deputy SGI.
HON'BLE THE CHIEF JUSTICE [ACTING]
_O_ R_ D_ E_ R_
11/04/2023
Heard Mr. B . N. Majumder, learned senior counsel assisted by
Mr. R. Saha, learned counsel appearing for the petitioner. Also heard Mr. D.
Bhattacharjee, learned G.A. and Mr. B. Majumder, learned Deputy SGI
appearing for the respondents.
The present writ petition has been filed under Article-226 of the
Constitution of India for issuance of an appropriate writ in the nature of
Mandamus directing/commanding/mandating the respondents to immediately
restore the pension of the petitioner in terms of the judgment and order dated
04.06.2021 passed in W.A. No.56 of 2020 affirmed by the Hon'ble Apex Court
in Special Leave Petition (Civil) No.2072 of 2022, dated 26.02.2022 and
further, directing the respondents to treat the petitioner equally with the
similarly situated employee, namely, Shri Gouranga Dhar, the appellant in the
writ appeal No.56 of 2020 extending restoration of full pension on completion
of 15 years of retirement.
The petitioner has prayed for the following reliefs:
i. Issue rule NISI.
ii. Issue rule NISI calling upon the State respondents or each of them to
show cause as to why a writ of mandamus shall not be issued
directing/commanding the State respondents to immediately restore the
pension of the petitioner in terms of the judgment and order dated
04.06.2021 passed in W.A. No.56 of 2020 affirmed by the Hon'ble Apex
Court in Special Leave Petition (Civil) No.2072 of 2022, dated 26.02.2022
(Annexure-4).
iii. Issue rule NISI calling upon the State respondents or each of them to
show cause as to why a writ of mandamus shall not be issued
directing/commanding the State respondents to treat the petitioner equally
with the similarly situated employee, namely, Shri Gouranga Dhar
(Appellant in Writ Appeal No.56 of 2020 extending restoration of full
pension on completion of 15 years of retirement.
iv. Issue rule calling upon the respondents or each one of them as to why a
writ of mandamus shall not be issued treating the petitioner's status as
Pensioner under the Government of Tripura be restored after completion
of 15 years period of retirement from his service.
v. As to why such other order orders shall not be passed so as to give full
relief to the petitioner and upon causes shown to make the rule absolute."
The brief facts of the present case are that the petitioner was
appointed under PWD (Electrical), Govt. of Tripura, in the post of Overseer on
22.09.1965. Thereafter, on 03.01.1976, the petitioner joined to the National
Hydro Power Corporation Ltd. in the post of Assistant Project Engineer on
deputation w.e.f. 03.01.1976 and permanently absorbed in the said department
on deputation w.e.f. 16.10.1984. The petitioner retired on 2nd November, 2003
from state service and opted for commutation of pension interims of Rule-37A
of the Pension Rules and by order dated 15.03.1984 his pension was
commuted.
On completion of 15 years of pension from State service, the
petitioner submitted prayer for restoration of full pension but, the respondents
have not considered his prayer for restoration of full pension. meanwhile, a writ
petition was filed by another petitioner namely Shri Gouranga Dhar registered
as WP(C) No.748 of 2019 for restoration of full pension after completion of 15
years of his retirement following the instruction of the government of India OM
dated 23rd June, 2017. The Division Bench of this Court vide order dated
04.06.2021 which was challenged by the respondents before the Hon'ble Apex
Court was disposed of on 25.02.2022 holding that the judgment of this Court
passed in W.A. No.56 of 2020 cannot be faulted with. The petitioner thereafter,
approached before the respondent seeking similar relief but, the said
representation was not attended to.
Hence, the present petition has been filed before this Court by the
petitioner for redress.
In view of above and after gone through the material evidence on
record, the present writ petition stands disposed of by setting aside the
proceeding dated 25.01.2023 of the Sr. Accounts Officer, Office of the
Accountant General (A&E), Tripura, Agartala in proceeding No. Pen-
2/RC/Misc/2022-2023/13/2970 addressed to Sri Narayan Chandra Ghosh
regarding restoration of the full pension after completion of 15 years of
commutation. However, the matter is remitted back to the concerned
respondent for re-examining the subject matter in the light of the orders passed
in W.A. No.56 of 2020 dated 04.06.2021, the order of the Hon'ble Apex Court
passed in SLP. No.2072 of 2022 dated 25.02.2022 and also the order passed by
this Court in an identical matter being WP(C) No. 194 of 2023, within a period
of three months from the date of receipt of the copy of this order.
Accordingly, the present petition stands disposed of. As a sequel,
miscellaneous applications pending, if any, shall stand closed.
CHIEF JUSTICE [ACTING]
A. Ghosh
