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2025 DAILYLAW 22043 (GAU)

ACHYUT BARMAN AND 27 ORS v. THE UNION OF INDIA AND 4 ORS

WP(C)/6820/2024 · 2025-02-27

N Unni Krishnan Nair

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/5 GAHC010271262024 2025:GAU-AS:2048 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6820/2024 1: ACHYUT BARMAN AND 27 ORS SON OF LATE NARAYAN BARMAN TECHNICIAN , OFFICE OF THE DEPUTY DIRECTOR GENERAL (ENGINEERING) PRASAR BHARATI INDIAS PUBLIC SERVICE BROADCASTER DOORDARSHAN KENDRA, GUWAHATI, PIN- 781024 2: SHRI ARUP KUMAR MISRA PROGRAMME EXECUTIVE OFFICE OF THE DEPUTY DIRECTOR GENERAL (ENGINEERING) PRASAR BHARATI INDIA S PUBLIC SERVICE BROADCASTER DOORDARSHAN KENDRA GUWAHATI PIN-781024 3: SHRI GAURABANANDA TALUKDAR CAMERAMAN GRADE II OFFICE OF THE DEPUTY DIRECTOR GENERAL (ENGINEERING) PRASAR BHARATI INDIA S PUBLIC SERVICE BROADCASTER DOORDARSHAN KENDRA GUWAHATI PIN-781024 4: SMTI CHANDANA HALDER EX- PROGRAMME EXECUTIVE OFFICE OF THE DEPUTY DIRECTOR GENERAL (ENGINEERING) PRASAR BHARATI INDIA S PUBLIC SERVICE BROADCASTER DOORDARSHAN KENDRA GUWAHATI PIN-781024 5: SHRI DEBABRATA GOSWAMI PROGRAMME EXECUTIVE OFFICE OF THE DEPUTY DIRECTOR GENERAL (ENGINEERING) PRASAR BHARATI INDIA S PUBLIC SERVICE BROADCASTER DOORDARSHAN KENDRA GUWAHATI PIN-781024 6: SHRI BIPLAB KUMAR DAS FLOOR MANAGER OFFICE OF THE DEPUTY DIRECTOR GENERAL (ENGINEERING) PRASAR BHARATI INDIA S PUBLIC SERVICE BROADCASTER DOORDARSHAN KENDRA GUWAHATI PIN-781024 7: SHRI JITEN DAIMARY PROGRAMME EXECUTIVE OFFICE OF THE DEPUTY DIRECTOR GENERAL (ENGINEERING) PRASAR BHARATI INDIA S PUBLIC SERVICE BROADCASTER DOORDARSHAN KENDRA GUWAHATI PIN-781024 Page No.# 2/5 8: SMTI SNIGDHA MAJUMDAR PROGRAMME EXECUTIVE OFFICE OF THE DEPUTY DIRECTOR GENERAL (ENGINEERING) PRASAR BHARATI INDIA S PUBLIC SERVICE BROADCASTER DOORDARSHAN KENDRA GUWAHATI PIN-781024 9: SMTI NABANITA DAS EX-PROGRAMME EXECUTIVE OFFICE OF THE DEPUTY DIRECTOR GENERAL (ENGINEERING) PRASAR BHARATI INDIA S PUBLIC SERVICE BROADCASTER DOORDARSHAN KENDRA GUWAHATI PIN-781024 10: SHRI SURAJIT SINHA ROY PROGRAMME EXECUTIVE OFFICE OF THE DEPUTY DIRECTOR GENERAL (ENGINEERING) PRASAR BHARATI INDIA S PUBLIC SERVICE BROADCASTER DOORDARSHAN KENDRA GUWAHATI PIN-781024 11: SMTI L. ARUNA CHANU PROGRAMME EXECUTIVE OFFICE OF THE DEPUTY DIRECTOR GENERAL (ENGINEERING) PRASAR BHARATI INDIA S PUBLIC SERVICE BROADCASTER DOORDARSHAN KENDRA GUWAHATI PIN-781024 12: SHRI ARABINDA KUMAR SAUD FLOOR MANAGER OFFICE OF THE DEPUTY DIRECTOR GENERAL (ENGINEERING) PRASAR BHARATI INDIA S PUBLIC SERVICE BROADCASTER DOORDARSHAN KENDRA GUWAHATI PIN-781024 13: SHRI AKSHAY KUMAR DAS FLOOR MANAGER OFFICE OF THE DEPUTY DIRECTOR GENERAL (ENGINEERING) PRASAR BHARATI INDIA S PUBLIC SERVICE BROADCASTER DOORDARSHAN KENDRA GUWAHATI PIN-781024 14: SHRI BIDHAN CHANDA STENOGRAPHER GRADE-I OFFICE OF THE DEPUTY DIRECTOR GENERAL (ENGINEERING) PRASAR BHARATI INDIA S PUBLIC SERVICE BROADCASTER DOORDARSHAN KENDRA GUWAHATI PIN-781024 15: SMTI. RUMA AHMED FILM-VIDEO EDITOR OFFICE OF THE DEPUTY DIRECTOR GENERAL (ENGINEERING) PRASAR BHARATI INDIA S PUBLIC SERVICE BROADCASTER DOORDARSHAN KENDRA GUWAHATI PIN- 781024 16: SHRI KALYAN NATH ENGINEERING ASSISTANT OFFICE OF THE DEPUTY DIRECTOR GENERAL (ENGINEERING) PRASAR BHARATI INDIA S PUBLIC SERVICE BROADCASTER DOORDARSHAN KENDRA GUWAHATI PIN-781024 17: SHRI DIBAKAR CH. KALIA ENGINEERING ASSISTANT OFFICE OF THE DEPUTY DIRECTOR GENERAL (ENGINEERING) PRASAR BHARATI INDIA S PUBLIC SERVICE Page No.# 3/5 BROADCASTER DOORDARSHAN KENDRA GUWAHATI PIN-781024 18: SHRI PRANJIT DAS ENGINEERING ASSISTANT OFFICE OF THE DEPUTY DIRECTOR GENERAL (ENGINEERING) PRASAR BHARATI INDIA S PUBLIC SERVICE BROADCASTER DOORDARSHAN KENDRA GUWAHATI PIN-781024 19: SMTI. MAMUMANI CHAKRABORTY MAKE-UP ARTIST OFFICE OF THE DEPUTY DIRECTOR GENERAL (ENGINEERING) PRASAR BHARATI INDIA S PUBLIC SERVICE BROADCASTER DOORDARSHAN KENDRA GUWAHATI PIN-781024 20: SMTI. NIBEDITA S MANDHA MAKE-UP ARTIST OFFICE OF THE DEPUTY DIRECTOR GENERAL (ENGINEERING) PRASAR BHARATI INDIA S PUBLIC SERVICE BROADCASTER DOORDARSHAN KENDRA GUWAHATI PIN-781024 21: SMTI. SYEDA MOMTAZA BEGUM TAILOR OFFICE OF THE DEPUTY DIRECTOR GENERAL (ENGINEERING) PRASAR BHARATI INDIA S PUBLIC SERVICE BROADCASTER DOORDARSHAN KENDRA GUWAHATI PIN-781024 22: SHRI RAMESH CHANDRA MEDHI CARPENTER OFFICE OF THE DEPUTY DIRECTOR GENERAL (ENGINEERING) PRASAR BHARATI INDIA S PUBLIC SERVICE BROADCASTER DOORDARSHAN KENDRA GUWAHATI PIN-781024 23: SHRI HEMANTA KUMAR BORAH SENIOR TECHNICIAN OFFICE OF THE DEPUTY DIRECTOR GENERAL (ENGINEERING) PRASAR BHARATI INDIA S PUBLIC SERVICE BROADCASTER DOORDARSHAN KENDRA GUWAHATI PIN-781024 24: SHRI DINESH CHANDRA DAS SENIOR TECHNICIAN OFFICE OF THE DEPUTY DIRECTOR GENERAL (ENGINEERING) PRASAR BHARATI INDIA S PUBLIC SERVICE BROADCASTER DOORDARSHAN KENDRA GUWAHATI PIN-781024 25: SHRI RAMEN KUMAR SARMA SENIOR TECHNICIAN OFFICE OF THE DEPUTY DIRECTOR GENERAL (ENGINEERING) PRASAR BHARATI INDIA S PUBLIC SERVICE BROADCASTER DOORDARSHAN KENDRA GUWAHATI PIN-781024 26: SHRI NEWTON BORAH SENIOR TECHNICIAN OFFICE OF THE DEPUTY DIRECTOR GENERAL (ENGINEERING) PRASAR BHARATI INDIA S PUBLIC SERVICE BROADCASTER DOORDARSHAN KENDRA GUWAHATI PIN-781024 27: SHRI NATARAJ MANDAL FLOOR MANAGER OFFICE OF THE DEPUTY DIRECTOR GENERAL Page No.# 4/5 (ENGINEERING) PRASAR BHARATI INDIA S PUBLIC SERVICE BROADCASTER DOORDARSHAN KENDRA GUWAHATI PIN-781024 28: SHRI MOHENDRA MOHAN DAS FLOOR MANAGER OFFICE OF THE DEPUTY DIRECTOR GENERAL (ENGINEERING) PRASAR BHARATI INDIA S PUBLIC SERVICE BROADCASTER DOORDARSHAN KENDRA GUWAHATI PIN-78102 VERSUS 1: THE UNION OF INDIA AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF INFORMATION AND BROADCASTING, A WING, SHASTRI BHAWAN, NEW DELHI, PIN- 110001 2:THE DIRECTOR GENERAL PRASAR BHARATI (INDIA S PUBLIC SERVICE BROADCASTER) ALL INDIA RADIO AKASHBANI BHAWAN PARLIAMENT STREET NEW DELHI PIN-110001 3:THE DIRECTOR GENERAL DOORDARSHAN PRASAR BHARATI (INDIA S PUBLIC SERVICE BROADCASTER) DOORDARSHAN BHAWAN COPERNICUS MARG NEW DELHI PIN- 110001 4:THE ADDITIONAL DIRECTOR GENERAL (A AND BO) (NEZ) AKASHVANI AND DOORDARSHAN R.G. BARUAH ROAD GUWAHATI-781024 5:MR. T. HYNNIEWTA THE DEPUTY DIRECTOR GENERAL (ENGINEERING) PRASAR BHARATI (INDIA S PUBLIC SERVICE BROADCASTER) DOORDARSHAN R.G. BARUAH ROAD GUWAHATI-78102 For the Petitioner(s) : Mr. A. Ahmed, Advocate. Ms. S. Das, Advocate. Ms. R. Lakra, Advocate. For the Respondent(s) : Ms. B. Sarma, Central Government Counsel for respondent Nos.1 to 4. – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR 28.02.2025 (Vijay Bishnoi, CJ) Heard the learned counsel appearing for the parties. The petitioners have filed this writ petition being aggrieved with the order dated 11.12.2024 passed by the Central Administrative Tribunal, Guwahati Bench, Guwahati (hereinafter to be referred as “Tribunal”) in O.A. No.269/2024, Page No.# 5/5 whereby the Tribunal refused to grant interim stay and rejected the prayer of the petitioners for restraining the respondents from effecting the recovery of the excess amount paid to them as Special Duty Allowance (SDA). The Tribunal had taken into consideration the fact that the petitioners are Group-B officials and pursuant to the direction given by this Court in WP(C) No.8437/2019 (Union of India & 3 Ors. -Vs- Kindshuk Das & 95 Ors.), decided on 18.11.2019, the respondents issued show cause notices to the petitioners as to why recovery of excess amount, i.e. SDA, be not initiated. It is observed that after considering the reply filed by the petitioners, the impugned order dated 21.08.2019 effecting recovery of the excess payment made to them was passed. Having gone through the impugned order and after going through the material available on record, we do not find any illegality in the order dated 11.12.2024 passed by the Tribunal in O.A. No.269/2024 because the respondents had initiated action against the petitioners pursuant to the liberty granted by this Court in WP(C) No.8437/2019. Hence, no case for interference is made out and the writ petition is dismissed. JUDGE CHIEF JUSTICE Comparing Assistant