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.

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 Writ in the nature of Mandamus directing the Respondents to declare the Memorandum No.F.3(50)-TSECL/HRM/Court Case/2022/50631-44 dated 07.12.2023 as illegal, arbitrary and non-est in the eye of law and to quash and cancel the Memorandum No.F.3(50)-TSECL/HRM/Court Case/2022/50631- 44 dated 07.12.2023 which has been 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, Triura by declaring it as illegal, arbitrary and non-est in the eye of law;

(f) Issue Writ in the nature of Mandamus directing the Respondents to regularize the service of the petitioner to the post of Helper Grade-II with effect from 01.12.2007 in pursuance of the Memorandum No.F.3(50)- TSECL/HRM/Court Case/2022/15882-97 dated 25.04.2022 passed by the TSECL, Agartala, Tripura in compliance of the Judgment and Order (Oral) dated 30.09.2021 passed by the Hon’ble High Court of Tripura in WP(C) 792 of 2020;

(g) Pass such further relief/ reliefs, direction/directions as the Hon’ble Court may deem fits and proper having regards to the circumstances of this case.

2. Heard Learned Counsel Mr. H. Laskar appearing for the petitioner and also heard Mr. B. N. Majumder, Learned Senior Counsel assisted by Mr. K. Deb, Learned counsel appearing for the respondents.

3. The gist of the petition filed by the petitioner in short is that the petitioner was engaged as a Contingent Worker on 02.01.1999 by the Power Department. The petitioner filed one writ petition bearing No.WP(C) No.792/2020 against the Government, with assertions that the Government had formulated a scheme vide memo dated 09.06.2019 for regularization of all DRWs/Casual/Contingent Workers working under the Power Department whose services have been transferred on deputation to the TSECL vide G.O. No.1 dated 28.12.2004. The State Electricity Corporation adopted the said scheme. One of the provisions of the scheme was that in case of DRW/Casual/Contingent workers who had not completed 10 years of service as on 31.03.2003 but otherwise deserves to be regularized, their cases would be considered upon completion of ten years of service. The petitioner completed 10 years of service as a Contingent Worker on 01.01.2009. As per memorandum dated 09.06.2009 (Clause-C) issued by the Finance Department, Government of Tripura it was observed that the workers belonging to ST and SC communities who had been engaged on or before 31.03.2005 and whose names were issued vide memo dated 14.03.2008 of the Finance Department would be eligible for regularization with effect from 01.12.2007. The petitioner was a member of the SC community and her name was included at