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2025 DAILYLAW 585 (TRI)

Sri Jitendra Chowdhury v. The State of Tripura and 3 others

WP(C)/120/2025 · 2025-04-24

T Amarnath Goud

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF TRIPURA AGARTALA WP(C) 120 of 2025 Sri Jitendra Chowdhury ---Petitioner(s) Versus The State of Tripura and 3 Ors. ---Respondent(s) For Petitioner(s) : Mr. Bhaskar Debbarma, Advocate. For Respondent(s) : Mr. Kohinoor N Bhattacharjee, GA. HON’BLE MR. JUSTICE T. AMARNATH GOUD Order 24.04.2025 Heard learned counsel for the parties. [2] This is a petition under Article 226 of the Constitution of India for seeking the following relief(s): a) Issue a Writ of Mandamus, directing the Respondents to immediately release the Petitioner's outstanding salary for the period of February 2022 to March 2023 (13 months). b) Issue a Writ of Certiorari, quashing any illegal actions or decisions that led to the non-payment of the Petitioner's salary. c) Pass any other Order(s) or Direction(s) as may be deemed fit and proper in the interest of justice. [3] It is the case of the petitioner that the petitioner was engaged as a part-time Pump Operator under the Bamutia LI Scheme on 12.08.2013. Due to non-functionality of Bamutia-I, his engagement was shifted to Bamutia-II on 03.12.2022. Despite continuously serving, the Petitioner has not received remuneration from February 2022 to March 2023 (13 months). He made repeated representations to various authorities, including the District Magistrate, SDM, and BDO, on 23.03.2023 and 30.10.2023. On 11.09.2023, BDO, Bamutia RD Block admitted that the Petitioner's salary could not be processed due to administrative lapses. On 30.10.2023, the SDM, Mohanpur, directed the BDO of Bamutia RD Block to take steps for the release of salary. The Petitioner sent a legal notice on 12.11.2024, demanding immediate payment of salary, but received no response. Since all alternative remedies have been exhausted, the Petitioner seeks the Hon'ble Court's intervention through a writ petition for the immediate release of his unpaid salary. [4] Aggrieved by conduct of the respondents the petitioner has filed this writ petition. [5] On perusal of the record, it is seen that the petitioner made a legal notice dated 12.11.2024, demanding immediate payment of salary, but the respondents have not acted upon the said legal notice. [6] In view of above submission, without expressing any opinion on the merits of the case, this present writ petition is disposed of directing the respondents to consider the case of the petitioner in the light of the legal notice dated 12.11.2024 in accordance with law within a period of three months from the date of receipt of copy of this order. [7] With the above observation and direction, this present writ petition stands disposed of. As a sequel, stay, if any, stands vacated. Pending application(s), if any, also stands closed. JUDGE Dipak DIPAK DAS Digitally signed by DIPAK DAS Date: 2025.04.28 10:58:42 +05'30'