Sadhan Debnath v. The State of Tripura and 4 Others

ORDER

26.09.2024

This present petition has been filed under Article 226 of the Constitution of India seeking the following reliefs:- "a) Issue Rule upon the Respondents to show cause as to why a Writ in the nature of Mandamus and/or any other order/orders shall not be issued whereby quashing and cancelling the letter, dated, 30.11.2023 issued by the General Manager, Tripura Scheduled Caste Co-Operative Development Corporation Limited &

04.07.2024 issued by the Assistant Headmaster, Chalakaham HS School, Karbook, Gomati District.

b) Issue Rule upon the Respondents to show cause as to why a Writ in the nature of Mandamus and/or any other order/orders shall not be issued whereby directing the Respondents to cause release of regular monthly pension, full & final payment of gratuity, leave encashment benefit, provident fund benefit, group insurance benefit, pension commutation, etc., in favour of the Petitioner, with 9% interest w.e.f. 01.07.2024 till payment is made.

c) Issue Rule upon the Respondents to show cause as to why a Writ in the nature of Mandamus and/or any other order/orders shall not be issued whereby directing the respondents to release provisional pension & other pensionary/retiral benefits in terms of Rule-69 of CCS Pension Rules, 1972, till final order of regular monthly pension & other retiral benefits, is being passed by the Respondents.

And

Call for the records pertaining to the instant Writ Petition from the custody of the Respondents and to make the rule absolute."

[2] Heard Mr. P. Roy Barman, learned senior counsel assisted by Mr. S. Bhattacharjee, learned counsel appearing for the petitioner. Also heard. Mr. M. Debbarma, learned Addl. Government Advocate appearing on behalf of respondents-State.

[3] It is seen from the record that the petitioner submitted a representation dated 29.08.2024 in the form of legal notice addressed to the concerned respondents ventilating his grievances but till date it is unattended.

[4] Without expressing any opinion on the merits of the case, this writ petition is disposed of directing the concerned respondents to consider the case of the petitioner in light of the representation dated

29.08.2024, for releasing all his retirement benefits, insofar as undisputed figures are concern within a period of 02 (two) months from the date of receipt of the copy of this order. [5] In case where any disputed amounts are found in terms of petitioner being guarantor in respect of any other matter, the same be communicated to him along with relevant documents where the signature of the petitioner as a guarantor is found so that he may avail remedies under law disputing the said amounts. This exercise shall also be done within a period of 02(two) months from the date of receipt of the copy of this order. It is submitted at the Bar that alleged disputed amount in respect of the guarantee is Rs. 1,61,373/-

With the above observation and direction, this present writ petition stands disposed of. As a sequel, miscellaneous application(s), pending if any, shall stand closed.

A copy of this order be communicated to all the concerned immediately.

JUDGE

Sabyasachi G. RAJKUMAR SUHANJIT SINGHA Date: 2024.09.30 13:49:57 +05'30'

HIGH COURT OF TRIPURA AGARTALA WP(C) No. 608 of 2024 Sadhan Debnath ………Petitioner(s) Versus The State of Tripura & Ors. ……..Respondent(s) For Petitioner(s) : Mr. P Roy Barman, Sr. Advocate Mr. S. Bhattacharjee, Advocate. Ms. A. Debbarma, Advocate. For Respondent(s) : Mr. M. Debbarma, Addl. GA. HON'BLE MR. JUSTICE T. AMARNATH GOUD