NARESH CHANDRA DATTA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The petitions arise in similar background. They would be disposed of by this common judgment. Petitioners have raised a grievance about the Government of Tripura not granting them the benefit of 3rd Career Advancement Scheme (CAS-III, for short).

(2.) Brief facts are as under:

(3.) In WP(C) No.1478 of 2017 the petitioner Sri Subrata Bhowmik was appointed as a substitute teacher in an aided school on 09.08.1972. Thereafter, he completed his graduation and was appointed as a regular graduate teacher on 14.08.1973. He was also granted the benefit of CAS-I and CAS-II during his service career. In his case, the department passed an order granting him the benefit of CAS-III w.e.f. 01.12.2001. Accordingly, his pay was fixed in the higher pay scale of Rs.7,450-13,000/-. He was also given actual benefit of the higher pay scale till his retirement on superannuation w.e.f. 31.03.2011. However, according to the department, he was wrongly granted the benefit of CAS-III and, therefore, a sum of Rs.76,731/- which according to the department was overpayment of salary, was recovered from his retiral benefits. He also places heavy reliance on the decision of a Division Bench of this Court in case of Amarendra Bhattacharjee (supra).