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2025 DAILYLAW 669 (TRI)

Shri Tapash Ranjan Roy v. The State of Tripura and 6 others

WP(C)/175/2025 · 2025-04-03

T Amarnath Goud

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF TRIPURA _A_G_A_R_T_A_L_A_ WP(C) No.175 of 2025 Shri Tapash Ranjan Roy …..Petitioner _V_E_R_S_U_S_ The State of Tripura and 6 Others …..Respondents For Petitioner(s) : Mr. P. Roy Barman, Sr. Advocate. Mr. D. Paul, Advocate. For Respondent(s) : Mr. P. Gautam, Sr. GA. Mr. S. Saha, Advocate. HON’BLE MR. JUSTICE T. AMARNATH GOUD _F_I_N_A_L_O_ R_ D_ E_ R_ 03.04.2025 Heard. [2] The present petition has been filed under Article-226 of the Constitution of India for cancelling the letter dated 02.12.2024, issued by the Senior Accounts Officer, office of the Accountant General (A&E), Tripura, Agartala and also to direct the respondents to reissue the PPO by modifying on the basis of the last basic pay of the petitioner @Rs.79,700/- and to release the gratuity and leave encashment benefit in favour of the petitioner along with 9% interest. Further, not to cause any recovery of the alleged over drawn amount from the petitioner on the basis of reduced last basic. [3] The petitioner has prayed 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 impugned letter dated 02.12.2024, issued by the Senior Accounts Officer, office of the Accountant General (A&E) Tripura, Agartala. ii. Issue a Rule upon the Respondents to show cause as to why a Writ in the nature of Mandamus and/or an appropriate Order/Direction should not be issued, directing the Respondents to reissue the PPO by modifying on the basis the last basic pay of the Petitioner @ Rs. 79,700/- (Rupees Seventy Nine Thousand Seven Hundred). iii. Issue a Rule upon the Respondents to show cause as to why a Writ in the nature of Mandamus and/or an appropriate Order/Direction should not be issued, directing the Respondents to release gratuity and leave encashment in favour of the Petitioner, along with 9% interest. iv. Issue a Rule upon the Respondents to show cause as to why a Writ in the nature of Mandamus and/or an appropriate Order/Direction should not be issued, directing the Respondents to refrain from making any recovery from the Petitioner on the basis of the revised Last Pay Certificate (L.P.C.), Pay & Allowances, or Leave Salary, as per the alleged overdrawn statement. v. Make the rules absolute. vi. Call for records. vii. Pass any further order/orders as this Hon'ble High Court considered fit and proper.” [4] The present writ petition has been filed, inter-alia, praying for necessary direction from this Court directing the respondents to reissue the P.P.O based on his last drawn basic salary of Rs. 79,700/- (Rupees Seventy Nine Thousand Seven Hundred), and to cancel the letter, dated, 02.12.2024, issued by the Senior Accounts Officer, Office of the Accountant General (A & E). The petitioner has also prayed for further direction from this Court upon the respondents, restraining them from making any recovery from the petitioner on the basis revised L.P.C, Pay & Allowances, leave salary, as per the alleged overdrawn statement. The petitioner also prayed for gratuity and leave encashment. [5] Hence, the present petitioner has been preferred before this Court for redress. [6] In view of above and having heard the learned counsel appearing for the parties, without expressing any opinion on merits, this Court is of the view that ends of justice would be met if the matter is disposed of by directing the respondents to consider the representation dated 15.12.2024 submitted by the petitioner before the respondent, in accordance with law as early as possible preferably within a period of two months from the date of the receipt of the copy of this order. Accordingly, the same is ordered. [7] As such, the present petition stands disposed of. As a sequel, miscellaneous application, pending if any, shall stands closed. T. AMARNATH GOUD, J A. Ghosh ANJAN GHOSH Digitally signed by ANJAN GHOSH Date: 2025.04.08 14:48:06 +05'30'