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IN THE HIGH COURT OF TRIPURA AT AGARTALA
BISWAJIT PALIT
Saral Bahadur Molsom S/o Late Rana Manik Molsom – Appellant
Versus
State of Tripura – Respondent
JUDGMENT :
BISWAJIT PALIT, J.
1. Heard Mr. Samarjit Bhattacharjee, Learned counsel appearing on behalf of the petitioner and Mr. Karnajit De, Learned Addl. G.A. appearing on behalf of the State-respondents.
2. By means of this filing this writ petition, the petitioner has sought for the following reliefs :
i. Pass an ad interim Order the operation of the Memorandum, dated 19.05.2023, issued by the Block Development Officer, Ompi R.D. Block, till disposal of the instant Writ Petition.
ii. Issue Rule upon the Respondents to show cause as to why Writ in the nature of mandamus and/or Order/direction shall not be issued whereby quashing and cancelling the impugned Memorandum, dated, 19.05.2023, issued by the Block Development Officer, Ompi R.D. Block.
iii. Issue Rule upon the Respondents to show cause as to why Writ in the nature of mandamus and/or Order/direction shall not be issued whereby directing the Respondents not to cause any recovery from the Petitioner in connection with his ACP-I financial benefits.
iv. Issue Rule upon the Respondents to show cause as to why Writ in the nature of mandamus and/or Order/direction shall not be issued whereby directing the Respondents to reimburse the P
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.
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 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 after five years, as established in Rafiq Masih's case.
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 is impermissible after five years, ensuring equitable treatment in employment matters.
Recovery from retired employees is impermissible when excess payments were made without misrepresentation, as per established legal precedents.
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.
Three-tier pay structure excludes employees from ACP benefits; recovery of erroneous excess payments barred from Class-III employees, retirees, over five years without misrepresentation.
Where court arrives at 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 employer's righ....
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