AGARTALA BENCH LAXMI MOHAN CHAKMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. B. Das, learned Sr. counsel for the petitioners and Mr. U.B. Saha, learned Sr. Govt. Advocate being assisted by Mr. B.Datta, learned counsel for the respondents.

(2.) The petitioners while serving as Sub-Inspector of Police under the Govt. of Tripura, were sent for undergoing training in West Bengal in March, 1975. The State Govt. employees of Tripura observed continuous strike. To face the situation, the Government of Tripura decided to extend incentives to the employees who did not participate in the strike. Since the petitioners attended their duties in the Training Centre in West Bengal during the period of strike, they were granted two advance increments vide D.O. No. 580 dated 28.5.1975 by the Superintendent of Police, C.I.D., Govt. of Tripura. The petitioners enjoyed the benefit of "double advance increments" since from the time of granting the same, but subsequently the petitioners were served with notices bearing No. 19376-78/AUDIT(7)-SP(SB)- POLICE-86 dated 24.6.1992 and No. 20761-62/AUDIT(7)-SP(SB)-POLICE-86 dated 8.7.1992 respectively asking them to show cause as to why the amount drawn by them as two advance increments, inadmissible to them, would not be recovered from their monthly salary by thirty instalments. The petitioners furnished their replies contending, inter alia, that at the relevant time of strike, they attended their duties in the Police Training Centre, Barrackpur, West Bengal and as such they were allowed double advance increments according to law. After considering the same, the authority issued the final orders of recovery bearing No. 24088/AUDIT(7)-SP(SB)-PHQ-86 dated 6th August, 1992 and No. 25567-68/ AUDIT(7)-SP(SB)-PHQ-86 dated 13th August 1992 respectively. The petitioners challenged those recovery orders.

(3.) The State respondents filed counteraffidavit contending, inter alia, that on misconstruction of the decision taken by the Council of Ministers, the authority inadvertently granted two advance increments to the petitioners and few others. Subsequently, the matter had been clarified by the Home Department, Govt. of Tripura in their letter dated 18th August, 1975.