Mr. P Roy Barman vs Mr. B. Majumder
2024 Latest Caselaw 38 Tri

Tripura High Court

Mr. P Roy Barman vs Mr. B. Majumder on 16 January, 2024

Author: T. Amarnath Goud

Bench: T. Amarnath Goud

                       HIGH COURT OF TRIPURA
                             AGARTALA
                        WP(C) No.1097of 2022
                             Along with
                        WP(C) No. 1098 of 2022


 For Petitioner(s)        :     Mr. P Roy Barman, Sr. Advocate.
                                Mr. Koomar Chakraborty, Advocate.

 For Respondent(s)        :     Mr. B. Majumder, Dy. SGI
                                Mr. D. Sarma, Addl, GA



             HON'BLE MR. JUSTICE T. AMARNATH GOUD

                                 ORDER

16.01.2024

Heard Mr. P Roy Barman, learned senior counsel assisted by

Mr. Koomar Chakraborty, learned counsel appearing for the petitioner. Also

heard Mr. D. Sarma, learned Addl. GA appearing for the State-respondent.

Mr. B. Majumder, learned Dy. SGI appearing for respondent- Union of India.

It is represented by Mr. Koomar Chakraborty, learned counsel

that both these writ petitions are connected and also the relief sought in

these writ petitions are covered by the judgment of the Hon'ble Supreme

Court in Thomas Daniel v. State of Kerala and others, AIR 2022 SC

2153 and State of Punjab and Others versus Rafiq Masih (White

Washer) and Others (2015) 4 SCC 334, wherein the Hon'ble Supreme

Court has categorically held that no amount shall be recovered from a

person who is already retired, more particularly, when any excess amounts

are disbursed during his service tenure either under the mistake of fact or

for any other purpose.

Mr. D. Sarma, learned Addl. GA submits before this Court the

matter is not covered by the said judgments and he would like to advance

his argument in the light of the Hon'ble Supreme Court's Judgment, titled as

High Court of Punjab and Haryana & Ors. v. Jagdev Singh 2016 14

SCC 267. Since the matter needs examination, list this matter for final

hearing in its usual course.

Meanwhile, parties are at liberty to file and exchange their

respective pleadings, if any.

                                                                     JUDGE




   Paritosh



SABYASACHI                  Digitally signed by SABYASACHI
                            GHOSH

GHOSH                       Date: 2024.01.19 17:32:39
                            +05'30'