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Tripura High Court
Pranab Kumar Baishya vs The State Of Tripura on 16 April, 2026
HIGH COURT OF TRIPURA
AGARTALA
I.A. No.01 of 2026
In WP(C).No.261 of 2026
Pranab Kumar Baishya,
Son of Sri Mohan Lal Baishya,
Resident of Village- Chinaihani, P.O. & P.S.- Airport Agartala,
District- West Tripura, Pin-799009, Age-48 years.
---- Applicant(s)
Versus
1. The State of Tripura
Represented by the Commissioner & Secretary to the
Department of Industries & Commerce,
Government of Tripura,
New Secretariat Complex, Gurkhabasti, Agartala,
P.O.- Kunjaban, P.S.- New Capital Complex,
Sub-Division- Sadar, District- West Tripura.
2. The Director of Industries & Commerce,
Government of Tripura, Khejurbagan, Agartala,
District- West Tripura, PIN- 799006
3. The Principal, ITI, Bishramganj,
Government of Tripura, District- Sepahijala Tripura.
4. The Commissioner & Secretary, Finance Department,
Government of Tripura, New Secretariat Complex,
Gurkhabasti, Agartala, P.O.- Kunjaban,
P.S.- New Capital Complex, Sub-Division- Sadar,
District- West Tripura.
5. The Commissioner & Secretary,
Department of Higher Education, Government of Tripura,
New Secretariat Complex, Gurkhabasti, Agartala,
P.O.- Kunjaban, P.S.- New Capital Complex,
Sub-Division- Sadar, District- West Tripura.
6. The Director of Higher Education,
Government of Tripura, Shiksha Bhavan,
Officer Lane, Agartala, District- West Tripura, PIN-799001
District
----Respondent(s)
For Applicant(s) : Mr. Koomar Chakraborty, Adv.
For Respondent(s) : Mr. Kohinoor Narayan Bhattacharyya, G.A.
HON'BLE MR. JUSTICE BISWAJIT PALIT
Order
16.04.2026
Learned Counsel, Mr. Koomar Chakraborty is present
for the applicant.
Learned G.A., Mr. K. N. Bhattacharyya is present for
the respondents.
Heard Learned Counsel for the applicant who at this
stage submitted that the applicant has filed this writ petition
seeking certain reliefs and along with the writ petition this I.A. is
filed for staying operation of the impugned memorandum dated
09.01.2026 and 17.03.2026 (Annexure-16 and Annexure-18
respectively) of the writ petition till disposal of the writ petition.
It was further submitted that the applicant joined in the
service under Directorate of Higher Education on fixed pay basis in
the year 2007. Thereafter, in the year 2010 he was selected as
Senior Inspector Electronics under Directorate of Industries &
Commerce and he was given regular pay scale in the year 2015 by
the authority (Annexure-10). Thereafter, by memo dated
01.10.2020 he was given MACP-1 on completion of 10 years of
service. Thereafter, by memo dated 09.01.2026 it was informed
that the applicant has given the benefit without the approval or
consultation of the Head of the Department and his MACP-1 was
withdrawn and thereafter by another memo dated 17.03.2026 it
was informed that he has withdrawn Rs.1,59,584/- in access and
accordingly, by the said memo (Annexure-18) he was asked to
refund the said amount. So, under compelling circumstances, the
applicant has filed the writ petition seeking the reliefs for granting
him MACP-1 and MACP-2 with further relief to the respondents not
to give effect of said memo dated 09.01.2026 (Annexure-16) and
17.03.2026 (Annexure-18).
Learned G.A. appeared and submitted that the matter
requires to be examined and fairly submitted that opportunity may
be given to the respondents to filed counter-affidavit to
countenance the claim of the applicant.
I have heard both the sides and perused the
documents submitted by the applicant along with the writ petition.
It appears that after examining all the relevant documents the
order dated 01.10.2020 (Annexure-14) was issued by the
respondent-authority. Now by another memo, i.e. 09.01.2026 it
was informed that the applicant has withdrawn excess amount
and his MACP was wrongly given and by further memo dated
17.03.2026 he was asked to pay the overdrawn amount.
Admittedly, the applicant is a Group-C employee. So, it
appears to this Court that the direction for refund of amount may
cause undue hardships to the applicant at this stage, since the
applicant has come across a considerable period of his service.
Furthermore, there appears no fault on the part of the applicant to
draw the excess amount.
So, considering all, till disposal of the writ petition the
respondent-authority be restrained from giving effect to the said
memo dated 09.01.2026 (Annexure-16) and 17.03.2026
(Annexure-18).
With this observation, this present I.A. stands disposed
of.
A copy of this order be supplied to Learned G.A. in
course of the day for information and necessary action.
JUDGE
PURNITA Digitally signed by
PURNITA DEB
DEB Date: 2026.04.16
18:18:37 +05'30'
Purnita
