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HIGH COURT OF TRIPURA AGARTALA
BISWAJIT PALIT
Prasanta Tripura, S/o. Sri Sourindra Mohan Tripura – 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. K. De, 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, 10.04.2024, issued by the District Magistrate & Collector, South Tripura, Belonia.
(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 Memo, No.2(16)-BDO/RPC/ESTT/2018/33, dated 12-04.2024, issued by the Block Development Officer, Rupaichari R.D. Block, South Tripura, Belonia.
(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 b
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 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 beyond five years is impermissible, emphasizing equitable treatment and adherence to Supreme Court guidelines.
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 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.
Recovery of excess payments from retired employees is impermissible if it causes undue hardship, necessitating prior notice and opportunity for response before recovery.
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....
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.
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