Tripura High Court
Dr. Anwesha Chakma vs The State Of Tripura & Others on 28 May, 2024
Page 1 of 4
HIGH COURT OF TRIPURA
AGARTALA
WA No.95 of 2023
Dr. Anwesha Chakma
.........Appellant(s);
Versus
The State of Tripura & others
.........Respondent(s).
For Appellant(s) : Mr. P. Roy Barman, Sr. Advocate,
Mr. Kawsik Nath, Advocate,
Mr. Dipjyoti Paul, Advocate.
For Respondent(s) : Mr. Kohinoor N. Bhattacharyya, G.A.,
Ms. Kahina Reang, Advocate.
HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH
HON'BLE MR. JUSTICE S.D. PURKAYASTHA
Order
28/05/2024
Heard Mr. P. Roy Barman, learned senior counsel for the appellant
and Mr. Kohinoor N. Bhattacharyya, learned Government Advocate for the
respondents-State.
2. The entire case of the writ petitioner/appellant herein is
encapsulated in the order dated 28.08.2023 which reads as under:
"The writ petitioner has been asked to pay Rs.25.00 lakhs with interest of
Rs.18,06,192/- for not having rejoined the post of Medical Officer under Tripura
Health Service after completing her Post Graduate Course in MD (Community
Medicine) undertaken during the period 2014-17 pursuant to the permission
granted by the department. Notice has been issued on 20th September, 2022
(Annexure-7). Learned Writ Court, however, refused to interfere with the matter
by impugned judgment dated 21.07.2023 and directed the writ petitioner to
refund the total amount as per memo dated 10.01.2023 which is a reminder letter
and further imposed with a cost of Rs.25,00,000/- to be paid within 8(eight)
weeks from the date of the receipt of the copy of the judgment and order. It was
made clear that if the petitioner fails to deposit the sum of cost as directed by the
Writ Court then the respondents would be under obligation to take necessary
steps to get the refund of the total amount as mentioned in the Memo dated
10.01.2023. It was also made clear that the petitioner may be exempted from the
payment of said sum of cost as imposed by the Writ Court if she is agreed to
serve the Department of Health, Government of Tripura for a period to be
decided by the respondents. The learned Writ Court further observed that the
disobedience of this order will tantamount to initiation of Contempt of Court
proceeding against her. The respondents were given liberty to proceed with the
case of the petitioner in respect of her resignation in accordance with law. The
respondents are further directed to spend the amount to be deposited as cost
towards the improvement of infrastructure of the PHCs in rural areas of the State.
Mr. P. Roy Barman, learned senior counsel for the petitioner has cited a
judgment dated 03.05.2023 passed in WP(C) No.1025 of 2022 which reads as
under:
"Heard Mr. P. Roy Barman, learned senior counsel assisted by Mr. K. Nath,
learned counsel appearing for the petitioner. Also heard Mr. D. Bhattacharya,
learned G.A. assisted by Mr. S. Saha, learned counsel appearing for the State-
respondents.
The short fact of the case is that while the petitioner was in Tripura Health Services
as Grade-IV Medical Officer, she went on to study MD Course. She was not a
sponsored candidate. For that reason, she had to execute a bond wherein it was
stipulated that she had to serve the State after completion of MD course, failure of
which, she would have to deposit Rs.25,00,000/- (Rupees twenty five lakhs) along
with interest payable from the date of demand. The petitioner completed her MD
Course, but, did not join the Tripura Health Services and she preferred to join in
another State. So, the Respondents-Health Department issued a demand notice,
dated 23.08.2022, asking her to pay principal amount of Rs.25.00 lakhs with interest
of Rs.12,67,781 (Rupees twelve lakhs sixty seven thousand seven hundred eighty
one) calculated @ 12% per annum.
Being aggrieved of such order, the petitioner has filed the instant writ petition
praying inter alia that she should be given an opportunity to deposit Rs.25.00 lakhs
in installments without interest.
Having gone through the records and considered the submissions of learned counsel
appearing for the parties, it is amicably settled that the petitioner shall pay Rs.25.00
lakhs along with interest @ 10% per annum from the date of demand notice dated
23.08.2022 till the actual payment is made to the respondents. It is made clear that
the entire computed amount shall be paid by the petitioner within a period of 30
days from today.
It is further made clear that if the payment is not made within the period of 30 days,
then, the interest would carry @ 15% per annum upon principal amount of
Rs.25,00,000/- (Rupees twenty five lakhs) only.
The instant writ petition stands disposed in the aforesaid terms."
It is submitted that in the same circumstances another doctor, who also
completed her Post Graduation Course in MD and had failed to rejoin as per the
bond executed by her was imposed with an amount of Rs.25,00,000/- along with
interest payable from the date of demand in terms of the Rule 56 of the Tripura
State Civil Services (Leave) Rules, 1986, 16th amendment dated 30th March,
2020. But the learned Writ Court after considering the rival case of the parties
directed the petitioner to pay the amount of Rs.25,00,000/- along with interest
@10% per annum from the date of demand notice till the actual payment is made
to the respondents within a period of 30 days. It was further stipulated that if the
payment is not made within the period of 30 days, then, the interest would carry
@15% per annum upon principal amount of Rs.25,00,000/-.
It is submitted that in the present case the interest component has been
computed from the due date in 2017 when the writ petitioner was required to join
under the THS and serve the State for 5(five) years immediately after completion
of PG course of study.
However, vide order dated 3rd May, 2023 the learned Writ Court had
directed the writ petitioner to pay interest @10% per annum from the date of
demand notice which in the present case is 20th September, 2022. Petitioner is
agreeable to make the deposit on similar terms.
Mr. D. Bhattacharya, learned Government Advocate is allowed 2(two)
weeks' time to seek instructions whether on similar terms the writ petitioner's
case can be disposed of.
Mr. P. Roy Barman, learned senior counsel for the petitioner also
submits that the petitioner is facing contempt proceedings in view of the
directions passed by the Writ Court.
Having regard to the aforesaid circumstances, no coercive steps be taken
against the petitioner, in the meantime, till the next date.
Accordingly, list the matter on 25.09.2023."
Pursuant to the said order and the order dated 17.05.2024, Mr. Kohinoor N.
Bhattacharyya, learned Government Advocate on clear instruction, submits that
the respondent-department is inclined to impose the same penalty along with
interest @ 10% as was upheld by the Writ Court in the case of Dr. Mrinmayee
Debbarma v. The State of Tripura & Others passed in WP(C) No.1025/2022
vide order dated 03.05.2023. He submits that the terms and conditions of the
bond furnished by the present writ petitioner are one and the same as that of Dr.
Mrinmayee Debbarma (supra). He however submits that the learned Writ Court
had proceeded to direct the petitioner/appellant herein to deposit the total
amount mentioned in the memo dated 10.01.2023 within a period of 30(thirty)
days from the date of judgment and order failing which she may have to pay
further amount of Rs.25 lakhs as cost. It is submitted that since the additional
directions relating to cost has been passed by the learned Writ Court, it is up to
this Court to modify or uphold it.
3. Learned senior counsel for the appellant submits that the writ
petitioner/appellant herein is willing to abide by the conditions of payment of
penalty of Rs.25 lakhs along with the interest raised from the date of demand
notice dated 20.09.2022 [Annexure-7] as was the case of the writ petitioner Dr.
Mrinmayee Debbarma.
4. Having regard to the stand of the respondents indicated by learned
Government Advocate in the light of the observations made in the earlier order
dated 28.08.2023, we are inclined to confine the impugned judgment and order
only so far as it has upheld the imposition of penalty along with interest from
the date of demand notice. Petitioner would be liable to pay the penalty amount
of Rs.25 lakhs along with the interest thereupon calculated @ 10% from the
date of demand notice i.e. 20.09.2022 within a period of 3(three) months from
today. However, we are of the considered view that the additional direction
issued upon the petitioner to pay Rs.25 lakhs as cost on failure to deposit the
amount of penalty along with interest within a stipulated period of 30 days
needs to be interfered as it would be harsh and inequitable. Accordingly, with
the aforesaid modification in the impugned judgment and order, the instant writ
appeal is disposed of.
5. Pending application(s), if any, shall also stand disposed of.
(S.D. PURKAYASTHA), J (APARESH KUMAR SINGH), CJ
MUNNA SAHA Digitally signed by MUNNA SAHA
Date: 2024.05.30 12:02:36 +05'30'
Pijush/
