Recovery of excess payments from Group-C employees beyond five years is impermissible, emphasizing equitable treatment and adherence to Supreme Court guidelines.

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, under the Directorate of Information Technology (Department of Industries and Commerce) on fixed pay basis. Thereafter, vide memorandum dated 29.12.2008 issued by the Commissioner & Secretary, Rural Development Department, Government of Tripura, the petitioner was issued offer-cum-appointment to the post of Computer Operator (CIC)(Group-C, Non-Gazetted) on regular pay scale of Rs.4200-8650/- per month plus other admissible allowances under R.D. Department w.e.f. 01.12.2008 on completion of six years of service on fixed pay basis on the terms and conditions mentioned in the said memorandum and the petitioner joined as Computer Operator (CIC) under the respondents. Copy of the memorandum dated 29.12.2008 is annexed with this petition marked as Annexure-1.

4. Thereafter vide notification dated 27.06.2009 issued by the Joint Secretary, Rural Development Department, Government of Tripura, the Governor was pleased to grant regular scale of pay of Rs.4200-8650/- to 52 Computer Operators (CIC) (Group-C, Non-Gazetted), including the petitioner after completion of six years of continuous service without break on fixed pay basis. It was also mentioned that the past services of those 52 nos. Computer Operators under CIC rendered in the IT Department would be taken into consideration for future service benefit. The notification dated 27.06.2009 is annexed with this petition marked as Annexure-2.

5. After that the petitioner was allowed benefit of ACP-I in the year 2012, on completion of his ten years of regular and satisfactory service from the date of his entry into Govt. service. As such the petitioner was allowed one increment @ 3% on the pay of existing pay Band and Grade pay plus next available grade pay as benefit of financial up- gradation under the ACP scheme. It was also further stated that the Deputy Secretary, Government of Tripura, Rural Development Department vide letter dated 20.09.2014 informed the District Magistrate & Collector, West Tripura that contractual service period is not taken into account for computing the required period of service for ACP as per reference Computer Operators (CIC) has been allowed ACP taking the contract period of service into consideration and it should be cancelled immediately and excess amount paid to the incumbents shall be recovered at the earliest. Subsequently, another letter dated 05.05.2018 was issued by the Addl. Secretary, Rural Development Department, Govt. of Tripura to all the District Magistrate and Collectors, requesting them to examine whether any Senior Computer Assistant (SCA) has been granted ACP benefit by wrongly counting the contract period of their service, and in case, the concerned SCA is enjoying the ACP granted wrongly, request was made by the Addl. Secretary to withdraw the same immediately and