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HIGH COURT OF TRIPURA AGARTALA
BISWAJIT PALIT
Debasish Sen, S/o. Late Manik Lal Sen – Appellant
Versus
State of Tripura, to be represented by the Secretary, Rural Development Department, Government of Tripura – Respondent
JUDGMENT :
BISWAJIT PALIT, J.
Heard Learned Senior Counsel Mr. P. Roy Barman assisted by Mr. S. Bhattacharjee, Learned counsel appearing on behalf of the petitioner and also heard Mr. M. Debbarma, Learned Addl. G.A. appearing on behalf of the State-respondents.
2. By means of filing this writ petition, the present petitioner has sought for the following reliefs:
(i) 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 letter, dated, 20.02.2024, issued by the Block Development Officer, Tepania RD Block, Gomati District.
(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 directing the Respondents not to cause any recovery from the Petitioner in terms of the impugned Memo, dated 17.01.2024.
(iii) Make the rules absolute.
(iv) Call for records.
(v) Pass any further order/orders as this Hon’ble High Court considered fit and proper.
3. The brief facts of this writ petition is that, in the year 2002 the petitioner was appointed to the post of Computer Operator in Community Information Centre, und
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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 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, ensuring equitable treatment 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 employees in Class-III and Class-IV services is impermissible, especially when the excess has been enjoyed for over five years.
Recovery from retired employees is impermissible when excess payments were made without misrepresentation, as per established legal precedents.
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....
Recovery of excess payments from retired employees is impermissible if it causes undue hardship, necessitating prior notice and opportunity for response before recovery.
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