Tripura High Court
Anal Biswas vs The State Of Tripura & Ors on 2 July, 2024
Page 1 of 4
HIGH COURT OF TRIPURA
AGARTALA
I.A.No. 01 of 2024
In
WP(C) No.416 of 2024
Anal Biswas.
.......Applicant(s)
Versus
The State of Tripura & Ors.
.......Respondent(s)
For Applicant(s) : Mr. S. Bhattacharjee, Adv.
: Mr. J. Murasingh, Adv.
For Respondent(s) : Mr. K. De, Addl. G.A.
HON'BLE MR. JUSTICE S. DATTA PURKAYASTHA
_O_R_D_E_R_
02.07.2024
Heard Mr. S. Bhattacharjee, learned counsel for the applicant
and also heard Mr. K. De, learned Addl. G.A. for the respondents.
Mr. Bhattacharjee, learned counsel submits that initially the
applicant Mr. Anal Biswas was appointed as Computer Operator
(Group-C) in the establishment of Rural Development Department
in the year 2002 on contractual basis and in the year 2008 he was
regularized. After completion of 10(ten) years of service, CAS-I
(ACP-I) was granted to him. Thereafter, in 2013 CAS-I was
provided to him by the Department after taking into account of his
period of contractual service and regular service both, on
completion of 10 years. According to Mr. Bhattacharjee, learned
counsel, thereafter on 08.05.2018, the DM & Collector, South
Tripura, Belonia issued a memorandum for withdrawal of benefit of
CAS-I (ACP-I) from the petitioner and being aggrieved thereby he
filed WP(C) No.515 of 2018 and a coordinate bench of this Court
allowed that writ petition. Thereafter, the State challenged the
same before the Division Bench in W.A. No.18 of 2020 and the
Division Bench reversed in the judgment of the Ld. Single Judge
holding that his past service as contractual employee was not to
be counted for granting of CAS-I(ACP-I).
Mr. Bhattacharjee, learned counsel emphatically submits that
in the said judgment there was no observation or decision made
by the Division Bench of this Court for recovery of any amount
already paid to the applicant, but despite the same the D.M. &
Collector vide letter dated 10.04.2024 (Annexure-11) of the writ
petition directed the concerned Block Development Officer to
recover the said overdrawal from the salary of the applicant and in
compliance with the said direction of the D.M. & Collector, South
Tripura, the BDO of Satchand R.D. Block issued two
memorandums dated 17.04.2024 and 18.05.2024 for recovery of
Rs.3,89,607/- in 96 equal installments(Rs.4,050/- per installment)
from the salary of the applicant w.e.f. the salary bill of April,2024.
According to Mr. Bhattacharjee, learned counsel though as per
decision of the Hon'ble Supreme Court in State of Punjab & Ors.
vs Rafiq Masih (White Washer) & Ors reported in (2015) 4
SCC 334, no such deduction is permissible at law as there was no
false information or misrepresentation from the side of the
applicant who is a Group-C employee and the excess payment, if
any, was paid only for the fault of the Department. Referring to
the letter of the D.M. & Collector, dated 10.04.2024, Mr.
Bhattacharjee, learned counsel also submits that the period of
excess withdrawal was from 27.09.2012 to 30.11.2018 and as per
ratio of Rafiq Masih case, recovery of excess amount paid beyond
5 years is also not permissible.
Learned Mr. K. De, Addl. G.A. submits that there are also
several judgment of Hon'ble Supreme Court that recovery is
permissible and same thing will more describedly be highlighted in
their counter affidavit. However, learned counsel admits that no
observation or direction was made by the Division Bench of this
Court was given in said W.A. No. 18 of 2020 regarding recovery of
such excess amount.
Considered rival submission.
When admitted position is that there was no order for
recovery of any amount passed by this Court in earlier judgment
and also after taking into account of the ratio laid down in Rafiq
Masih case as rendered by the Hon'ble Apex Court, prima facie,
this court is of the view that the operation of impugned
memorandums or letters should be stayed till disposal of the writ
petition to avoid any sort of future complicacies.
In view of the above, operation of impugned letter dated
10.04.2024 of the D.M. & Collector, South Tripura District, Belonia
(Annexure-11), letter dated 17.04.2024 of BDO, Satchand R.D.
Block, South Tripura (Annexure-12) and letter dated 18.05.2024 of
the B.D.O, Satchand R.D. Block, Sabroom, South Tripura
(Annexure-14) are hereby stayed till disposal of the writ petition
so far it relates to the deduction from the salary of the applicant
Mr. Anal Biswas.
Both the learned counsel during the hearing of the writ
petition may mention about any sort of deduction already made by
the respondents meanwhile.
The interlocutory application is accordingly disposed of.
JUDGE
SATABDI Digitally signed by
SATABDI DUTTA
DUTTA Date: 2024.07.03
17:32:10 +05'30'
Dinashree
