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.

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 benefits.

(iv) Make the rules absolute.

(v) Call for records.

(vi) 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 according to the petitioner vide Order No.1/22- A/DM/S/ESTT/151, dated 19.02.2004, issued by the District Magistrate & Collector, South Tripura District, Udaipur 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 contract basis for a period of two years on the terms and conditions mentioned in the order and after appointment the petitioner joined under the respondents w.e.f. 21.02.2004. Copy of this order is annexed with this petition marked as Annexure-1. Thereafter, vide notification dated 27.06.2009 issued by the Joint Secretary, Rural Development Department, the Governor was pleased to grant regular scale of pay of Rs.4200-8650/-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.

4. Thereafter vide order dated 10.04.2013 issued by the DM & Collector, South Tripura, Belonia the petitioner along with others was regularized on completion of five years of continuous service on fixed pay basis to the post of Senior Computer Operator (CIC) in Rural Development Department vide Order No.F.8(4)-RD/06(Shadow-I)2370, dated 29.12.2009 was provided the regular scale of pay on completion of five years of continuous service on 20.02.2009 under PB No.2, Rs.5310-24,000/-, Grade pay of Rs.2100/- plus admissible allowance w.e.f. 20.02.2009. Copy of this order dated 10.04.2013 is annexed with this petition marked as Annexure-3.

5. Thereafter, vide Order No.2(24)- DM/S/ESTT/2017/784 dated 28.12.2017 issued by the District Magistrate & Collector, South Tripura, Belonia, the petitioner along with others was allowed benefit of ACP-I w.e.f 21.02.2014. It is mentioned in the said order that the petitioner has been allowed benefit of ACP-I on completion of his 10 years of regular and satisfactory service from the date of his entry into Govt. service, i.e., 21.02.2004 and the effective date from which such ACP shall be admissible was determined as 21.02.2014. As such, the petitioner was allowed one increment 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. Copy of the order dated 28.12.2017 is