Back
IN THE HIGH COURT OF TRIPURA AT AGARTALA
BISWAJIT PALIT
Tulsi Rani Das W/o Late Narayan Das – Appellant
Versus
State of Tripura – Respondent
JUDGMENT :
BISWAJIT PALIT, J.
1. By means of filing this writ petition the petitioner has prayed for the following reliefs:
(a) Admit the Writ Petition;
(b) Call for the records;
(c) Issue Writ in the nature of Certiorari to show cause upon the Respondents as to why the Office Order vide O.O. NO.125 dated 03.06.2024 should not be declared as illegal, arbitrary and non-est in the eye of law which has been issued in contravention of the principle of the Judgment and Order (Oral) dated 30.09.2021 passed in W.P.(C) 792 of 2020 as well as in contravention of the Memorandum No.F.3(50)-TSECL/HRM/Court Case/2022/15882-97 dated 25.04.2022 passed by the TSECL, Agartala, Tripura.
(d) Issue Writ in the nature of Certiorari to show cause upon the Respondents as to why the Memorandum No.F.3(50)-TSECL/HRM/Court Case/2022/50631-44 dated 07.12.2023 should not be declared as illegal, arbitrary and non-est in the eye of law which was issued in contravention of the principle of the Judgment and Order (Oral) dated 30.09.2021 passed in WP(C) 792 of 2020 as well as in contravention of the Memorandum No.F.3(50)-TSECL/HRM/Court Case/2022/15882-97 dated 25.04.2022 passed by the TSECL, Agartala, Tripura.
(e) Issue
The court emphasized that recovery of excess payments from Group-D employees is impermissible, and actions taken without due process violate principles of natural justice.
Recovery of excess payments from employees is prohibited if it causes undue hardship, especially for lower-ranked workers or retirees, reaffirming rights under Article 14.
Recovery of excess payments from employees is impermissible if there is no misrepresentation or suppression of facts, especially when nearing retirement.
Recovery of excess payments from employees without their fault violates principles of equity and fairness, especially when recovery occurs post-retirement and after a significant period.
No disciplinary proceedings are pending against the petitioner. Under such circumstances, withholding of retirement benefits under the guise of the impugned Memo is unjust, arbitrary.
Recovery of excess payments from Group-C employees is impermissible after five years, ensuring equitable treatment in employment matters.
Recovery of excess payments from employees in Group-C service is impermissible after five years, emphasizing fairness and justice in employment matters.
Recovery of excess payments from Group-C employees is impermissible if the excess payment was made for over five years, as established in prior judgments.
Recovery of excess payments from Group-C employees beyond five years is impermissible, emphasizing equitable treatment and adherence to Supreme Court guidelines.
Recovery of excess payments from employees in Class-III and Class-IV services is impermissible, especially when the excess has been enjoyed for over five years.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
