KANAI SAHA Vs. STATE OF TRIPURA
LAWS(TRIP)-2021-2-69
HIGH COURT TRIPURA
Decided on February 26,2021

Kanai Saha Appellant
VERSUS
STATE OF TRIPURA Respondents

JUDGEMENT

Akil Kureshi,J. - (1.) Petitioners have challenged office order dated 14th December, 2018 by which the Government initiated recovery of excess payments made to the petitioners which was, on account of wrong pay fixations made in their cases.
(2.) Brief facts are that all the petitioners were engaged as Khalasis on different dates, sometime in the year 1987 or thereabouts. At the time of entry in Government service they were governed by Tripura Civil Services (Revised Pay) Rules, 1982 ('ROP,1982' for short) and that the post of Khalasi which they held carries the pay scale of Rs.370-650/-. Tripura Civil Services (Revised Pay) Rules, 1982 ('ROP,1988' for short) were introduced w.e.f 1st January, 1996. The post of Khalasi was re-designated as Senior Helper which carried a pre-revised scale of Rs.400- 775/- and upon revision, their pay would be fitted in the grade scale of No.12 with revised scale of Rs.850-2,130/-. The pay of the petitioners was accordingly fixed, relying on Government of Tripura clarification, by first placing them in the pre-revised scale of Rs.400-775/- meant for the Senior Helpers and thereafter, granting them corresponding pay scale in the revised rules.
(3.) As per the Government of Tripura policy from time to time, before granting the benefits of Carrier Advancement or Carrier Progression Schemes they were given 3rd ACP on 1st January, 2014 or thereabouts and placed in the scale of pay of Rs.4,530-13,000/- with a Grade Pay of Rs.1,700/-. This benefit of 3rd ACP was withdrawn by the Government by impugned communication dated 14th December, 2018. Since the petitioners had retired since then, recoveries from their pensions of the excess pay were made.;


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