Sri Dipankar Das v. The State of Tripura and 4 Others

JUDGMENT & ORDER (ORAL)

1.

Heard Mr. A. Bhaumik, learned counsel for the petitioner. Also heard Mr. D. Sarma, learned Addl. G.A. appearing for the respondents-State. None appears for the respondents-TSECL, though the name of Mr. N. Majumder, learned counsel is showing in the cause list.

2.

The brief fact of the case is that the petitioner while serving under respondents-TSECL remained absent w.e.f. 10.01.2012 to

03.06.2019. According to petitioner, he was suffering from illness during that relevant period of time and he submitted medical certificate and other related documents in support of his plea that he was suffering from illness. On 04.06.2019, the petitioner joined his duties.

3.

Mr. Bhaumik, learned counsel for the petitioner has submitted that on 04.06.2019 the petitioner has joined his service, but, respondents-TSECL have not paid his salary.

4.

On the other hand, Mr. Sarma, learned Addl. G.A. for the respondents-State has submitted that respondent-TSECL authorities vide communication dated 24.01.2014 and 05.03.2014 directed the petitioner to appear before the constituted Medical Board of the State, but, he did not appear. He further has submitted that there is no document to substantiate that on those days he was suffering from illness and was not at his place of posting at Agartala. Mr. Sarma, learned Addl. G.A. has

also submitted that the petitioner is not attending office to perform his duties and responsibilities.

5.

Mr. Bhaumik, learned counsel for the petitioner has contended that the petitioner submitted repeated applications for medical leave, but, those have not been considered at all till date.

6.

In the light of above, I direct the respondents-TSECL to consider the applications of the petitioner for granting leave in favour of him within a period of 2(two) months from today. It is made clear that if the petitioner has been in service and discharging his duties as assigned to him under the respondents-TSECL, then, they will consider the payment of his monthly salary. With the aforesaid direction, the instant petition stands disposed. Pending application(s), if any, shall also stand disposed.

JUDGE

Rohit

HIGH COURT OF TRIPURA AGARTALA WP(C) No.425 of 2021 Sri Dipankar Das, Age-40 years S/O Lt. Shubha Ranjan Das, R/O- Vill East Gokulpur, P.O-Gokulpur, P.S – RK Pur, District- Gomati, Pin-799114, ….Petitioner(s) Versus 1. The State of Tripura Represented by its Principal Secretary, Department of Power, Government of Tripura, P.O- Kunjaban, P.S-New Capital Complex, District- West Tripura, Pin-799006 2. The Tripura State Electricity Corporation Limited, represented by its Chairman, Bidyut Bhawan, Banamalipur, P.O- Agartala, P.S- East Agartala, District- West Tripura, Pin-799007 3. The Managing Director Tripura State Electricity Corporation Limited Bidyut Bhawan, Banamalipur, P.O-Agartala, P.S- East Agartala, District- West Tripura, Pin-799007 4. The Additional General Manager, Tripura State Electricity Corporation Limited, Electrical Circle- Gomati, P.O+P.S- RK Pur, Sub Division- Udaipur, District- Gomati, Pin-799105 5. The Deputy General Manager, Electrical Division-Udaipur, P.S+P.S-RK Pur, Sub-Division- Udaipur,District- Gomati, Pin-799105 ….Respondent(s) For the Petitioner(s) : Mr. A. Bhaumik, Advocate For the Respondent(s) : Mr. D. Sarma, Addl. G.A. Date of hearing and Delivery of Judgment & Order : 22/05/2023 Whether fit for reporting : No HON'BLE MR. JUSTICE ARINDAM LODH