Mahendra Das v. The State of Assam and 5 Ors

O R D E R

31.05.2024.

Heard Mr. J. Sarmah, learned counsel for the petitioner. Also heard Mr. H.K. Das, learned Standing Counsel, Gauhati High Court, representing the respondent Nos.3 & 5, Mr. R. Barpujari, learned Standing Counsel for the Finance Department for the respondent No.4 and Mr. K.K. Medhi, learned counsel appearing on behalf of Mr. S.K. Medhi, learned engaged counsel for the respondent No.2.

¶2The challenge made in this Writ Petition is the order dated 16.09.2021, whereby the excess drawl amount of Rs.82,896/- (Rupees eighty two thousand eight hundred ninety six) only, is sought to be recovered from the petitioner and also for a direction to grant ACP/MACP, in terms of the State Government's scheme notified vide Memo No.FPC-12/2017/4, dated 06.07.2014.

¶3It is stated at the Bar that so far as the recovery of the excess amount is concerned, since the respondent authorities have decided to waive the same, coupled with judgment of the Hon'ble Supreme Court in the case of State of Page No.# 3/3 Punjab and others vs. Rafiq Masih, reported in (2015) 4 SCC 334, no adjudication is required. Having considered the submissions of learned counsel for the parties, I am of the view that no further determination is required on the above issue. However, it is observed that no recovery can be made in view of the ratio laid down by the Hon'ble Supreme Court in the case of Rafiq Masih (supra) and rightly the State Authorities are in the process of waiving the same.

¶4So far as the claim for grant of ACP/MACP is concerned, it is also fairly conceded by the learned counsel for the parties that the petitioner, who has completed thirty (30) years of service on 17.07.2018 and has retired on

03.04.2020, is entitled for MACP under the Scheme of the State Government dated 06.07.2014. It is also noticed that the petitioner has got promotion only once to the post of UDA on 01.03.2013.

¶5In view of above and considering the fact that the petitioner is entitled for ACP/MACP, the Writ Petition is disposed of with a direction to the respondents to consider the grievance of the petitioner for payment of ACP/MACP, in terms of the Notification date 06.07.2014, within a period of three (3) months, from the date of receipt of copy of this order.

¶6With above observation and directions, the Writ Petition stands allowed and disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010187602021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5941/2021o MAHENDRAoDASo SONoOFoLATEoMOMAToCH.oDASo R/OoNALBARIGAONo P.O.oCHOWKBAZAR,oP.S.oNALBARIo DIST.oNALBARI,oASSAM,oPIN-7881334. VERSUSo THEoSTATEoOFoASSAMoANDo5oORS.o REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoLAWo DEPARTMENT,oGOVT.oOFoASSAM,oDISPUR,oGUWAHATI-1. 2:THEoPRINCIPALoACCOUNTANToGENERALo(AoANDoE)oASSAM oMAIDAMGAON oBELTOLA oGUWAHATI-781029 3:MOTORoACCIDENToCLAIMoTRIBUNAL oNALBARI oREP.oBYoTHEoMEMBER/PRESIDINGoOFFICER oPIN-781334. 4:TREASURYoOFFICER oNALBARIoDISTRICT oNALBARI 5:THEoGAUHATIoHIGHoCOURToREPRESENTEDoBYoTHEoREGISTRARo GENERAL oGUWAHATI-781001 6:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.OFoASSAM oPENSIONoANDoPUBLICoGRIEVANCESoDEPARTMENT Page No.# 2/3 ASSAM SECRETARIAT DISPUR GUWAHATI- Advocate for the Petitioner : MR. J SARMAH Advocate for the Respondent : GA, ASSAM BEFORE HON'BLE MR. JUSTICE KARDAK ETE