Tripura High Court
Unknown vs The Union Of India on 7 October, 2025
HIGH COURT OF TRIPURA
AGARTALA
I.A.01 of 2025
In
WP(C) No.574 of 2025
1. Sri Awdhesh Pandey (No.021456046), son of Sri Kamamlakanta,
resident of 170 ka, Mahebakalauparaharanshik, Nevariya, Allahabad,
Uttar Pradesh, 212303, aged about 46 years.
2.Sri Ravi Kumar (No.140531220), son of Sri TarsemLal, resident of
Vill- Sansowal, PO-Kalwal, Dist-Ropar (PB) Pin- 140117, aged about 34
years.
3.Sri Bipin Kumar (No.171002652), son of Sri Raghubansh Singh,
resident of VPO- Fatehpur, Dist- Patna (Bihar) Pin-803206, aged about
32 years.
4.Sri Rakesh Kumar (No.110600143), son of Durga Prasad Sharma,
resident of VPO- Sirsala, Dist-Jhunjhunu (Raj) Pin-333502, aged about
35 years.
5.Sri Sandeep Kumar (No.120629527), son of Ram Kishan, resident
of H No. 253, Bure, PO- Saharwa, Dist- Hissar (Haryana) Pin 125001,
aged about 33 years.
6.Sri Subrata Mali (No. 170803522), son of Sri Sankar Mali, resident
of Vill- Palagachha, PO- Tatla, Dist-Nadia (WB) Pin 741222, aged about
30 years.
7.Sri Gunjarge S R (No.120705571), son of Sri Ramkishan, resident
of Vill- Pardi, PO- Himayatnagar, Dist-Nanded (MH) Pin-431802, aged
about 31 years.
8.Sri Pijush Chakraborty (No.171620634), son of Sri Pramod
Chakraborty, resident of Vill No.-2 Chatianguri, PO-Bijni, Dist-Chirang
(Assam) Pin-783390, aged about 31 years.
9.Sri Narayan (No.100093353), son of Sri I Masana Muthu, resident
of Vill- South Karanthaneri, Dist-Tirunelvelhi (Tamilnadu) PIN 627152,
aged about 35 years.
10.Sri Bijaya Kumar Putel (No. 104770326), son of Sri Nageshwar
Putel, resident of Vill kegaon, PO kegaon, Distt-Kalahandi, Orissa (PIN-
766036), aged about 36 years.
11.Sri Murugaperumal (No. 102541524), son of Sri P Seranthian,
resident of Vill and POKP Thalavipuram, District-Tuticorin, State -
Tamilnadu, PIN-628104, aged about 35 years.
12.Sri Jyoti Mishra (No.080026055), son of Sri Ram Shankar
Mishara, resident of Village Ramdiri, TolaRamnagar, PS Matihani, PO
Labharchak, Distt Begusarai, State Bihar (PIN -851129), aged about 37
years.
13.Sri Baljinder Singh (No. 120403488), son of Sri Amar Singh,
resident of Village - Rehian, PO - Rehian, Teh - Samba, Distt-Samba (J
and K) PIN-184821, aged about 32 years.
Page 2 of 15
14.Sri Roshan Saini (No.13052803), son of Sri Tarsem Pan Saini,
resident of H.No. 107, Hargovind Avenue Shaeshah Suri Road, Amritshar
(PIN 143105), aged about 32 years.
15.Sri Dawood Ahmad (No.134200295), son of Mohd. Sultan Bhat,
resident of Vill Paniwah, Dist Kulgam, J and K-PIN-192232, aged about
33 years.
16.Sri Nasiruddin Mondal (No.140800315), son of Abbas Mondal,
resident of Vill-Kamargudia, Dist - Nadia (WB) PIN-741238, aged about
30 years.
17.Sri Bhopal Ram (No.111310089), son of Sri Gopal Ram, resident
of Village Itawalakha, Dist Deedwana, Rajasthan (PIN-341504), aged
about 34 years.
18.Sri Ganeshan K (No.153506172), son of Sri Kashipandi, resident
of Village Athititi, Dist Madurai (Tamilnadu) PIN-625705, aged about 29
years.
19.Sri Pradeep Kumar (No.120405857), son of Sri Sh Munshi Ram,
resident of Village - Taloor, Dist- Samba (J and K) PIN-184121, aged
about 31 years.
20.Sri Shyamal Bauri (No.111874657), son of Late Haru Bauri,
resident of Village Harinagara, POPS Barjora, Dist- Bankura, Pin Code-
722202 (West Bengal), aged about 36 years.
21.Sri Dilnawaz Ragib (No.113761481), son of Kalimuddin, resident
of Village -Sajangachh, PO-Daspara, Uttar Dinazpur, WB (PIN-733207),
aged about 34 years.
22.Sri Shib Sankar Das (No.091980272), son of Swapan Kumar Das,
resident of Vill and PO Konaban, Dist-Sepahijala, Tripura (799102), aged
about 32 years.
23.Sri Ashwani Kumar (No.920059973), son of Jaswant Singh,
resident of Village Joh (Beh), Joh, Una, Joh, Himachal Pradesh (177204),
aged about 52 years.
24.Sri Dulal Tudu (No.987770097), son of Lt Ramnath Tudu, resident
of Vill-Padotola, PO-KadamPur, Distt Alipurduar, West Bengal, 736206,
aged about 49 years.
25.Sri Yadav Srimant (No.946338515), son of Late Namdev Yadav,
resident of Village - Ghoti, Distt - Solapur, State - Maharashtra (PIN-
413211), aged about 56 years.
26.Sri Bhausaheb Amle (No.120709957), son of Gorakhnath,
resident of Village - Sakegoan, PO-Sakegoan, Distt Ahmednagar,
Maharastra (414102), aged about 34 years.
27.Sri Ravinder Singh (No.872980028), son of Rajvir Singh Tomar,
resident of Village - Khimsepur, PO-Khimsepur, Distt - Farukkhabad, UP
(209743), aged about 54 years.
28.Sri Pulok Roy (No.091283382), son of Niresh Ch Roy, resident of
vill and post- Rainadabari, Kokrajhar, Assam (783370), aged about 37
years.
Page 3 of 15
29.Sri Rahul Kumar Bhagat (No.130854371), son of Pradip Kumar
Bhagat, resident of Vill - Shastri Nagar, PO BoroBhagar, Distt - Hooghly
(WB) (712246), aged about 33 years.
30.Sri Benjamin Minz (No.090026212), son of Jaokim Minz, resident
of Vill-Kurkel, PO-Tongo, Distt -Gumal, Jharkhand (835206), aged about
38 years.
31.Sri Tanu Morang (No.035550710), son of Kabindra Morang,
resident of Vill Bongalmoromiri No. 02, Post Islamgaon, Distt Lakhimpur
(Assam) 787054, aged about 42 years.
32.Sri Mukul Boro (No.035550701), son of Sri Girish Ch. Boro,
resident of Vill Uralkailashpur, Post-Sonapur, Distt-Kamrup (M), Assam-
782402, aged about 42 years.
33.Sri Mahadev Malik (No.140818730), son of Kartick Malik, resident
of Vill Nandur, Post- Joteram, Distt-PurbaBardhman, WB (713104), aged
about 34 years.
34.Sri Ranweer Kumar Yadav (No. 121012609), son of Devi
Prashad Yadav, resident of Vill and PO- Narayanpur, Distt-Bhagalpur,
Bihar, 853203, aged about 36 years.
35.Sri Ram Singh Yadav (No.946336748), son of Mala Ram, resident
of Village and Post Sihore, Distt Jhunjhunu, Rajasthan (333036), aged
about 49 years.
36.Sri Anurag (No.134512905), son of Dinesh Kumar, resident of
H.No. 5/310, kashyapGali, Nehru Road, Baraut, Dist-Baghpat, aged
about 33 years.
37.Sri Vishnu Kumar Upadhyay (No.134512932), son of Lakshmi
Kumar Upadhyay, resident of Vill and Post -Bhadravan, Distt - Mathura,
State - Uttarpradesh (281202), aged about 33 years.
38.Sri Ravi Kumar Ray (No.118094685), son of Uday Narayan Ray,
resident of Vill + Post-Baruhi, Distt -Bhojpur (Ara), Bihar (802208), aged
about 34 years.
39.Sri Sahun Saren (No.130822336), son of Lakshmi kanta, resident
of Vill-Mugai, Post Taldangra, Distt Bankura, West Bengal (722152),
aged about 36 years.
40.Sri Patil Mahesh K (No.120705678), son of Krushanat Patil,
resident of Village Akurde, Post - Sule, Teh Panhala, Distt Kolhapur,
Maharashtra (416205), aged about 35 years.
41.Sri Mahesh Sudhakar Madane (No.120709984), son of Sudhakar
Chimaji Madane, resident of Village HivargoanPawasa, Post
HivargaonPawasa, Distt Ahilyanagar, Maharastra (422605), aged about
35 years.
42.Sri Shaji T (No.920056851), son of Thomas, resident of Village
Alanvilla, Post- Koodal, Distt - Pathanamthitta, State Kerala (689693),
aged about 53 years.
43.Sri Ranjeet Singh Thakur (No.900001163), son of Saju Ram,
resident of Village Ropa Thachar, Post Bhamhia, Distt-Mandi, State -
Himachal Pradesh (175004), aged about 54 years.
Page 4 of 15
44.Sri Patil Srikant (No.120710254), son of Popat Rao Patil, resident
of Village-Dealali, PO - Dealali, Distt -Dharashiv, Maharastra (413504),
aged about 34 years.
45.Sri Sushanta Ghosh (No.110032537), son of Madhab Chandra
Ghosh, resident of Village and Post -Choa, Distt MurshiDabad, State
(WB)-742166, aged about 35 years.
46.Sri Vinod Salgotra (No. 111222544), son of PremSalgotra,
resident of Village Laswara, PO-Deoli, Distt-Jammu, State J and K
(181132), aged about 36 years.
47.Sri Jaibir Singh (No. 860766665), son of Ram Kumar Malik,
resident of Village Umra, PO-Umra, Distt -Hisar, Haryana (125033), aged
about 58 years.
48.Sri Balvir Singh (No. 950011457), son of Radhacharan, resident
of Village Raypura no. 02, PO-Jakholi, Distt-Bhind, MP, 477447, aged
about 50 years.
49.Sri Shankha Ghosh (No. 113761816), son of Krishna Ghosh,
resident of Vill-Miangram, PO-Miangram, Dist-Murshidabad, WB
(742404), aged about 35 years.
50.Sri Asabul Shaikh (No. 120912223), son of Kasem Shaikh,
resident of Village Nowpara, PO-Nowpara, Distt-Nadia, WB (741140),
aged about 32 years.
51.Sri Manzoor Ahmad (No. 124203309), son of Mohd. Abdullah,
resident of Vill-Tumlahal, PO- Pulwama, Dist-Pulwama, J and K (192301),
aged about 32 years.
52.Sri Randhir Singh (No. 030053036), son of Munesh Singh,
resident of Village Sarvarpur, PO-Khanpur, Distt Sangroor, PIN 148023,
aged about 45 years.
53.Sri Rahul Kumar (No. 102544480), son of Bhojveer Singh,
resident of Village Bhachrawan, PO-Bachrawan, Distt Raibareli, UP
(229301), aged about 36 years.
54.Sri Kollabattula Jaya Rao (No. 851028989), son of late
Narshimha Murthy, resident of Village Dharmapura, Agraharam, PO-
Akividu, Distt- Akividu, Andhra Pradesh (534235), aged about 56 years.
55.Sri Subhash Sah (No. 003650000), son of Chandrama Sah,
resident of Village Dhebar, PO Machhauta, Distt Siwan, Bihar (841233),
aged about 45 years.
56.Sri Mubarak Ah Bhat (No. 124202735), son of Late Abdul Rashid
Bhat, resident of Village - Khanpora, PO- Yaripora, Distt- Kulgam, Jammu
and Kashmir- 192232, aged about 33 years.
57.Sri Bhupendra Kumar (No. 062541648), son of Shri Lalji Ram,
resident of Village- Hasanpura, Post-Thamhanpura, Distt- Ballia, State-
Uttar Pradesh, Pin Code -277506, aged about 40 years.
58.Sri ChhapprbanSamirshaha (No. 120705474), son of
Jahagirshaha, resident of JalaliMohallaBhadgaon, Village + Post-
Bhadgaon, Distt- Jalgaon, State- Maharastra, Pin Code-424105, aged
about 35 years.
Page 5 of 15
59.Sri Anil Kumar (No. 124201462), son of Sh. Vidyadhar, resident
of Village Chorari, Post- Bibasar, Tehsil-Nawalgarh, Distt- Jhunjhunu,
State Rajasthan, Pin Code-333041, aged about 36 years.
60.Sri Sandeep Kumar (No. 154203494), son of Satish Kumar,
resident of House No. 216, Vikas Nagar Kalka Road, Post- Rewari, Distt-
Rewari, State Haryana, Pin Code- 123401, aged about 32 years.
61.Sri Ram Nath Jha (No. 070025206), son of Late Shri Shashi Kant
Jha, resident of Village Tektar, Post-Madhupur, Distt- Darbhanga, State
Bihar, Pin Code-847306, aged about 40 years.
62.Sri Sunil Kumar Yadav (No. 154202264), son of Shri Ramawtar
Yadav, resident of Village Narwar, Post-Mardah, Distt- Ghazipur, State-
Uttar Pradesh, Pin Code-233226, aged about 32 years.
63.Sri Arun Giri (No. 031215013), son of Sh. Mahavir Giri, resident of
Village- BanjariyaKhanpur, Post-Hatsa, Distt- Budaun, State- Uttar
Pradesh, Pin Code-243720 aged about 40 years.
64.Sri Jayaseelan R (No. 910987109), son of S Raju, resident of
Village- Elurpatty, Post- Thottiyam Talk, Distt-Trichy, State- Tamil Nadu,
Pin Code-621215, aged about 58 years.
65.Sri Vishal Pal (No. 154201715), son of Sh. Sadanand Pal, resident
of Village- Alawalpur, Post Alawalpur, Distt- Ghazipur, State- Uttar
Pradesh, Pin Code -233305, aged about 35 years.
66.Sri Suraj Verma (No. 154200372), son of Sh. Mahesh Chandra,
resident of Village Station Road Etmadpur, Post- Etmadpur, Distt- Agra,
State - Uttar Pradesh, Pin Code-283202, aged about 32 years.
67.Sri Mithilesh Kumar (No. 124202063), son of Satish Yadav,
resident of Village - Gopalpatti, Post- Falka, Distt- Katihar, State - Bihar,
Pin Code-854114, aged about 36 years.
68.Sri Surendra Rajak (No. 920026036), son of Chandradev Rajak,
resident of Village Dyadih, Post Khajuri Pannu, Distt Aurangabad, Bihar
(824302), aged about 54 years.
69.Sri Utpal Madahi (No. 941548621), son of Navin Madahi, resident
of Village PachimPhutukibari, Post Purandia, Distt Udalguri (Assam)
784521, aged about 54 years.
70.Sri Anup Kumar Rajak (No. 133304026), son of Gangadhar
Rajak, resident of Village Mogalpara, Post Islampur, Distt Sahebganj,
Jharkhand (816101), aged about 36 years.
71.Sri Karunapati Tiwari (No. 980077894), son of Lt RadheShyam
Tiwari, resident of Village and Post - Akauri, Distt - Rewa, MP (486223),
aged about 45 years.
72.Sri Bhubaneshwar Boro (No. 051281111), son of Bijay Ch Boro,
resident of Village - Santipur, Post-Santipur, Dist-Baksa, Assam, 781349,
aged about 42 years.
73.Sri Sanjib Rabha (No. 091282985), son of Khakan Rabha,
resident of Village No. 02 Sakhati, Post-Pachia, Distt kamrup, Assam,
781135, aged about 37 years.
Page 6 of 15
74.Sri Shivam Yadav (No. 154503118), son of Brajesh Yadav,
resident of Village Bhairampur, Post Paras, Distt Kanpur Nagar, UP,
209206, aged about 31 years.
75.Sri Rakesh Biswas (No. 113760765), son of Sanjay Biswas,
resident of Village Tokipur, Post- B, Jamsherpur, Distt Nadia, West
Bengal (741122), aged about 36 years.
76.Sri MD Shadab (No. 114221476), son of Md Alam, resident of
Village Paharpur, Post Dewanchak, Distt Godda, State- Jharkhand,
814160, aged about 36 years.
77.Sri Pratap Kumar Bal (No. 021002492), son of Bhaktahari Bal,
resident of Village Guagodia, Post Guagodia, Distt - Bhardrak, Odisha,
756124, aged about 45 years.
78.Sri Sanjay Kumar Tiru (No. 113766538), son of Demba Munda,
resident of Village Bagru, Post Belwadog, Distt - Khunti, State Jharkhand,
835210, aged about 35 years.
79.Sri Pradeep Kumar (No. 086666086), son of Hari Singh, resident
of Village Huriakhurd, Post- Huria Kalan, Distt KotapulliBehror, Rajasthan
(301704), aged about 42 years.
80.Sri Rakesh Singh (No. 011445209), son of Daru Singh, resident of
Village nakhti, Post LaljitKapura, Distt Murena, Madhya Pradesh, 476111,
aged about 47 years.
81.Sri Jairam (No. 022214164), son of Indraj Singh, resident of
Village Dhani Bamkala, Post Madhogarh, Distt-Jhujnjhunu, Rajasthan,
333501, aged about 45 years.
82.Sri Satprakash (No. 882547187), son of Jiie Singh, resident of
Village Babahridah Enclave, Jarodha Kalan, South west Delhi, PIN-
110072, aged about 57 years.
83.Sri Mukesh Kumar (No. 931066942), son of Sukhbir Singh,
resident of Village Kothalkalan, Post KothalKhurd, Distt - Mahendragarh,
Haryana, 123028, aged about 54 years.
84.Sri Ajit Kumar Mandal (No. 943320001), son of Nensingh
Mandal, resident of Village jamnanagar, Post Ratua, Distt - Malda, WB,
732205, aged about 56 years.
85.Sri Somen Majumdar (No. 140818703), son of RanjanMajumdar,
resident of Village- Haridashpur, Post-Khalitpur, Distt- North 24 Pargnas,
WB, 743405, aged about 35 years.
86.Sri Praveen S (No. 100096934), son of R Soman, resident of
Village East Kallada, Post Kallada, Distt Kollam, State Kerala (PIN-
691502), aged about 34 years.
87.Sri Sujan Dhar (No. 13081150), son of Lt Sujit Dhar, resident of
Village Hariharnagar, PO Kalamari, Distt-Nadia, State West Bengal
(741102), aged about 35 years.
88.Sri M Nagaiah (No. 990093387), son of Sh M Dasu, resident of
Village Chinnabodhanam, PO-PeddaBodhanam, Distt Kurnool, State
Andhra Pradesh (PIN-518543), aged about 50 years.
Page 7 of 15
89.Sri Ashok Kumar Yadav (No. 134511845), son of Hiralal Yadav,
resident of Village + Post-Takarsan, Distt - Ballia, State - UP (PIN-
277001), aged about 36 years.
90.Sri Ajay Kumar Pandey (No. 951096084), son of Anant Pandey,
resident of Village - 50, Kustia Road, PO -Tiljala, Distt -24 Parganas (S),
West Bengal (700039), aged about 51 years.
91.Sri Rajendra Kumar Gupta (No. 131000922), son of Lt
ShardaSah, resident of Village - Raman Dihra, PO Mani, Distt Rohtas,
State Bihar (802212), aged about 37 years.
92.Sri Vinod Kumar Chaurasiya (No. 120300075), son of Lt Sigasan
Chaurasia, resident of Village - Baleur, Post Sahatwar, Distt Ballia, State
UP (277211), aged about 38 years.
93.Sri Rabiul Alam (No. 140818688), son of Faijur Rahman, resident
of Village TatulPukur, PO - Basaill, Distt-Dakshin Dinajpur, West Bengal
(733132), aged about 35 years.
94.Sri Khokan Biswas (No. 130811385), son of Ganesh Biswas,
resident of Village harishpur, Post Krishnanagar, Distt Nadia, PIN
741101, West Bengal, aged about 38 years.
95.Sri Laxman Dan Charan (No. 022212254), son of ShTejDan,
resident of Village Mandal Charanan, PO Diyatra, Distt Bikaner,
Rajasthan, PIN 334303, aged about 49 years.
96.Sri Manoj Koley (No. 140818572), son of Lakshmikant Koley,
resident of Village- Lalpur, PO- Brahmanpara, Distt - Hoogly, West
Bengal (PIN-712405), aged about 33 years.
97.Sri Shivom Thakur (No. 140818572), son of Lt Kirti Kumar
Thakur, resident of Village Chitahra, PO- Chitahara, Distt - Satna, MP,
PIN-485331, aged about 51 years.
98.Sri Pijush Bala (No. 130812108), son of Sh Kamal Bala, resident
of Village Rampur, Post - Rampur Bhatpara, Distt-24 PRG (N), State -
West Bengal, 743249, aged about 35 years.
99.Sri Bikash Deka (No. 035551472), son of Naren Deka, resident of
Village - Dalongdia, Post - Betna, Distt -Baksa (BTR), State Assam, PIN-
781366, aged about 47 years.
100.Sri M Venkatraman (No. 021150434), son of Lt KS Murugaiyan,
resident of Village 174/11A North Muslim Street, Post - MariyammanKoil,
Distt - Thanjavur, State - Tamil Nadu, PIN-613501, aged about 50 years.
101.Sri Abhijit Talukdar (No. 001210507), son of Late Naresh
Chandra Talukdar, resident of Village + Post-Talliguri, Distt Coochbehar,
West Bengal, PIN-736156, aged about 46 years.
102.Sri Sukhjinder Singh (No. 108090918), son of S Kashmir Singh,
resident of Village + Post- Sangna, Distt-Amritsar, Punjab PIN-143009,
aged about 37 years.
103.Sri Kurunthachalam (No. 021150355), son of late Durai Samy,
resident of Village - Muthukkallur, Post-Velliangadu, Distt- Coimbature,
Tamilnadu, aged about 36 years.
Page 8 of 15
104.Sri Dhanunjaya RaoPoojari (No. 040096447), son of Late
Satyanaryana, resident of Village + Post-Vanjangi, Distt- Srikakulam,
Andhra Pradesh Pin- 532484, aged about 41 years.
105.Sri Narendra Singh Chahar (No. 901737292), son of Sh late
Chetram, resident of Village Jindpura, Post-Salamebad, Dist- Agra, State
UP-283122, aged about 57 years.
106.Sri Rahul Kumar (No. 121003656), son of Sh Umanath
Choudhary, resident of Village - Jairampur, Post-DharmapurRatti, Distt-
Bhagalpur, State- Bihar -853201, aged about 35 years.
..........Applicant(s)
Versus
1.The Union of India, represented by the Secretary, Department of
Home Affairs, having his office at North Block, New Delhi, 110001.
2.The Secretary, Department of Home Affairs, having his office at
North Block, New Delhi, 110001.
3.The Director General, Border Security Force, having his office at
Block No. 10, CGO Complex, Lodhi Road, New Delhi-110003.
4.The Commanding Officer, HQ 169 Battalion, BSR, Bagma, Gomati
Tripura.
5.The Director of Accounts, Pay and Accounts Division (BSF), Ministry
of Home Affairs, having his office at C Wing, 2nd Floor, Near Madangiri,
Pushpa Bhawan, Delhi-110062.
..........Respondent(s)
For Applicant(s) : Mr. Somik Deb, Sr. Adv.
Mr. Saptarshi Majumder, Adv.
For Respondent(s) : Mr. Bidyut Majumder, Dy. SGI
HON'BLE MR. JUSTICE BISWAJIT PALIT
Order
07/10/2025
Learned Senior Counsel, Mr. Somik Deb assisted by
Learned Counsel, Mr. Saptarshi Majumder is present on behalf of
the applicant-petitioners. Learned Dy. SGI, Mr. Bidyut Majumder is
present on behalf of the respondents-Union of India.
At the time of hearing, Learned Senior Counsel for the
applicant-petitioners first of all drawn the attention of this court
that this Court in IA No.1 of 2025 arising out of WP(C) No.427 of
2025 has granted interim protection to the petitioners of that case
and submitted that the present case is squarely covered by the
said decision of this Court in IA No.1 of 2025 of WP(C) No.427 of
2025. According to Learned Senior Counsel for the present
applicant-petitioners, on the basis of impugned audit report dated
03.10.2023 (Annexure-4 to the writ petition), the respondent
authorities have started deduction of risk and hardship allowances
from the salary of the present petitioners. It was further
submitted that for the sake of convenience, the salary bill of the
petitioner No.1 is annexed as Annexure-6 with the connected writ
petition. From the said salary bills it is clear that in the month of
July, 2025 and August, 2025, Rs.5625 as Misc REC 1 is recovered
from the salary bill of the petitioner No.1. Learned Senior Counsel
further submitted that the respondent authorities are similarly
deducting the said amount from the rest of the applicant-
petitioners from their respective salary bills. It was further
submitted that if the aforesaid amount is recovered in the same
manner from the salary bills of the present applicant-petitioners
then the present applicant-petitioners would be seriously
prejudiced being Group-C employee. Learned Senior Counsel, Mr.
Deb again submitted that on the basis of the impugned audit
report (Annexure-4 to the writ petition), the respondents-Union of
India is also contemplating to deduct risk and hardship allowance
from the salary bill of the other persons who are serving in the
same Unit/Battalion. It was further submitted that the said
amount was given to the applicant-petitioners during their posting
at J&K during COVID period when throughout the world there was
lockdown and in spite of such a critical situation, the applicant-
petitioners sacrificed their lives for the interest of the country to
protect the international border. So, Learned Senior Counsel
submitted that if the respondents are not restrained by an order of
this Court to recover the overdrawn amount till disposal of the
connected writ petition, then, the applicant-petitioners being
Group-C employee would be seriously prejudiced which would be
harsh and iniquitous to them.
In support of his contention, Learned Senior Counsel
relied upon one citation of the Hon'ble Supreme Court of India in
State of Punjab & Ors. vs. Rafiq Masih (White Washer) &
Ors., reported in (2015) 4 SCC 334 wherein in para No.18,
Hon'ble the Apex Court observed as under:
"18. It is not possible to postulate all situations of hardship which
would govern employees on the issue of recovery, where
payments have mistakenly been made by the employer, in excess
of their entitlement. Be that as it may, based on the decisions
referred to hereinabove, we may, as a ready reference,
summarise the following few situations, wherein recoveries by
the employers, would be impermissible in law:
(i) Recovery from the employees belonging to Class III and Class
IV service (or Group C and Group D service).
(ii) Recovery from the retired employees, or the employees who
are due to retire within one year, of the order of recovery.
(iii) Recovery from the employees, when the excess payment has
been made for a period in excess of five years, before the order of
recovery is issued.
(iv) Recovery in cases where an employee has wrongfully been
required to discharge duties of a higher post, and has been paid
accordingly, even though he should have rightfully been required
to work against an inferior post.
(v) In any other case, where the court arrives at the conclusion,
that recovery if made from the employee, would be iniquitous or
harsh or arbitrary to such an extent, as would far outweigh the
equitable balance of the employer's right to recover."
Referring the same, Learned Senior Counsel submitted
that since the present applicant-petitioners comes under the
category of Group-C employees under the respondents-Union of
India like the petitioners of WP(C) No.427 of 2025, so, if any
recovery is made, that would be harsh and iniquitous for them and
the respondent authorities cannot be permitted to deduct the
overdrawn amount from their salary, if any, at this stage.
Learned Senior Counsel again referred another citation of
the Hon'ble Supreme Court of India in Jogeswar Sahoo & Ors.
vs. The District Judge, Cuttack & Ors., reported in 2025 SCC
OnLine SC 724 wherein in Para No.10, Hon'ble the Apex Court
observed as under:
"10. *** *** ***
13. In State of Punjab v. Rafiq Masih (White Washer)(supra)
wherein this court examined the validity of an order passed
by the State to recover the monetary gains wrongly extended
to the beneficiary employees in excess of their entitlements
without any fault or misrepresentation at the behest of the
recipient. This Court considered situations of hardship
caused to an employee, if recovery is directed to reimburse
the employer and disallowed the same, exempting the
beneficiary employees from such recovery. It was held thus:
"8. As between two parties, if a determination is rendered
in favour of the party, which is the weaker of the two,
without any serious detriment to the other (which is truly
a welfare State), the issue resolved would be in
consonance with the concept of justice, which is assured
to the citizens of India, even in the Preamble of the
Constitution of India. The right to recover being pursued
by the employer, will have to be compared, with the effect
of the recovery on the employee concerned. If the effect of
the recovery from the employee concerned would be, more
unfair, more wrongful, more improper, and more
unwarranted, than the corresponding right of the
employer to recover the amount, then it would be
iniquitous and arbitrary, to effect the recovery. In such a
situation, the employee's right would outbalance, and
therefore eclipse, the right of the employer to recover.
xxxxxxxxx
18. It is not possible to postulate all situations of hardship
which would govern employees on the issue of recovery,
where payments have mistakenly been made by the
employer, in excess of their entitlement. Be that as it may,
based on the decisions referred to hereinabove, we may,
as a ready reference, summarise the following few
situations, wherein recoveries by the employers, would be
impermissible in law:
(i) Recovery from the employees belonging to Class III
and Class IV service (or Group C and Group D service).
(ii) Recovery from the retired employees, or the
employees who are due to retire within one year, of the
order of recovery.
(iii) Recovery from the employees, when the excess
payment has been made for a period in excess of five
years, before the order of recovery is issued.
(iv) Recovery in cases where an employee has wrongfully
been required to discharge duties of a higher post, and has
been paid accordingly, even though he should have
rightfully been required to work against an inferior post.
(v) In any other case, where the court arrives at the
conclusion, that recovery if made from the employee,
would be iniquitous or harsh or arbitrary to such an
extent, as would far outweigh the equitable balance of the
employer's right to recover."
Referring the same, Learned Senior Counsel submitted
that the aforesaid principle of law laid down by Hon'ble the Apex
Court also covers the case of the present applicant-petitioners. So,
on the basis of audit report dated 03.10.2023 (Annexure-4 to the
writ petition), the alleged overdrawn amount cannot be permitted
to be deducted.
It was further submitted by Learned Senior Counsel for
the applicant-petitioners that the copy of the impugned audit
report was not communicated to any of the applicant-petitioners.
Even, during their posting at J&K no such communication was
made. Although, the audit report was submitted by the authority
at Jalpaiguri, West Bengal but the present applicant-petitioners
are drawing their salary from Tripura since they are posted in the
State and they have got valid cause of action to file the connected
writ petition before this Court.
Per contra, Learned Dy. SGI, Mr. Majumder appearing on
behalf of the respondents-Union of India strongly opposed the
submission made by Learned Senior Counsel for the applicant-
petitioners and submitted that there is no cause of action for the
present applicant-petitioners to file the connected writ petition
before this Court rather the petitioners ought to have file the
connected writ petition before the Court of J&K where they
performed their job. Further, since the audit report was furnished
at Jalpaiguri, West Bengal, the applicant-petitioners could also
sought redress before the Court at West Bengal. But, surprisingly
the applicant-petitioners have filed the connected writ petition
before this Court at Agartala which has got no jurisdiction to
entertain the same. As such, the present IA and the connected
writ petition is not maintainable.
In support of his contention, Learned Dy. SGI relied upon
one citation of a judgment of Division Bench of this Court dated
31.10.2017 in WA No.68 of 2016 titled as Bharat Kumar
Ghosh vs. The Union of India & Ors. wherein in para Nos.39
and 40, the Division Bench of this Court observed as under:
"39. According to us, for sifting the relevant facts giving rise to
the cause of action or part thereof, even a fraction, this principle
is the essential tool to segregate the relevant fact from the
irrelevant fact or from the insignificant or frivolous facts. Thus the
touchstone would be that the fact having nexus or relevance with
the lis, inasmuch as those facts are the media upon which the
plaintiff asked the court to arrive at a conclusion in his favour.
Thus, the delivery of the impugned order within the territorial
jurisdiction is the only fact that has been pressed by the
appellant-petitioner to assert that a fraction of cause of action
arose within the territorial limit of this court but whether that
facts has anything to do with the lis or the dispute involved in the
case. The dispute in the case hinges on the manner in which the
petitioner has been saddled with the liability to pay a sum of
Rs.1,59,845/- in 24 (twenty four) equal instalments for loss
caused by his dereliction of duty by the order dated
09/10.03.2015 [Annexure-P/4 to the writ petition]. Thus the
communication or delivery of the said order dated 09/10.03.2015
is not a relevant fact for determining the cause of action.
40. Viewed in that perspective, this court is unable to accept the
contention of Mr. Deb, learned senior counsel that for delivery or
communication of the said order dated 09/10.03.2015 a fraction
of cause of action arose within the territorial limit of a court. The
said communication cannot be treated as an integral fact giving
rise to the cause of action (see National Textile Corporation Ltd.
Vs Haribox Swalram: (2004) 9 SCC 786, Para 12.1.) Thus the well
entrenched principle of forum conveniens cannot be applied in
this case."
Referring the same, Learned Dy. SGI submitted that both
the present IA and the connected writ petition is not maintainable
at this stage.
I have heard detailed submission of both the sides at
length.
It appears to me that since the present applicant-
petitioners are drawing their salary from this State, so, it is within
their jurisdiction to file the connected writ petition before this
Court.
It is also admitted position that the risk and hardship
allowances were drawn by the applicant-petitioners during their
posting at J&K during the period of lockdown and later on, on the
basis of the impugned audit report (Annexure-4 to the writ
petition), the respondent authorities have decided to deduct the
overdrawn amount from the salary bill of the respective applicant-
petitioners. Furthermore, in the original writ petition, the present
applicant-petitioners have sought relief for quashing of the
impugned audit report dated 03.10.2023 (Annexure-4 to the writ
petition) and in the IA the applicant-petitioners have sought relief
for staying any sort of action on the basis of audit report dated
03.10.2023 till disposal of the connected writ petition against the
present petitioners.
However, since the present applicant-petitioners comes
under the category of Group-C employees under the respondent
authorities, so, in view of the principles of law laid down by the
Hon'ble Apex Court as mentioned above, if at this stage no interim
protection is granted to them, then in the considered opinion of
this Court that would cause undue hardships to the applicant-
petitioners.
So, relying upon the principles of law laid down by the
Hon'ble Apex Court, the respondents-Union of India be restrained
from taking any action regarding recovery of any overdrawn
amount in the light of audit report dated 03.10.2023 (Annexure-4
to the writ petition) in respect of the present applicant-petitioners
till disposal of the connected writ petition.
With this observation, the instant interlocutory application
stands allowed and thus, disposed of.
JUDGE
Snigdha
MOUMIT Digitally signed by
MOUMITA DATTA
A DATTA Date: 2025.10.08
11:54:00 +05'30'
