MANIK DEY Vs. GAUHATI HIGH COURT

JUDGEMENT

(1.) I have heard Mr C.S. Sinha. the learned counsel appearing on behalf of the petitioner and Mr A.K. Bhowmik. the learned senior counsel assisted by Mr S. Dutta, the learned counsel appearing on behalf of the respondent Nos. 1 and 2. I have also heard Mr U.B. Saha, the learned Senior Government Advocate assisted by Mr D.C. Nath. the learned counsel appearing on behalf of the respondent No. 3.

(2.) The petitioner is an employee of the Agartala Bench of Gauhati High Court and was working in the principal seat at Guwahati drawing Assam Pay Scale. Thereafter the Government in accordance with the judgment of Civil Rule No. 1173 of 1990 introduced Tripura Scale of Pay for the employees of the Agartala Bench of Gauhati High Court and accordingly me petitioner opted for Tripura Scale of Pay by his letter dated 1.6.1995. The Tripura Scale of Pay was introduced by an order of the Registrar, Agartala Bench dated 19.5.1995 with the approval of the Finance Department of the Government of Tripura. The Tripura Scale of Pay came into force on 1.9.1992. The employees were permitted to opt the Tripura Scale of Pay with effect from 1.9.1992 i.e. the date on which the Tripura Scale of Pay was introduced for the High Court employees of the Agartala Bench with retrospective effect. While the petitioner was drawing his salary in the Assam Pay Scale, he was in receipt of fixed Medical Allowance and there was no provision for the petitioner to get reimbursement of medical expenses in Assam Pay Scale. In Tripura Scale of Pay the provision for medical reimbursement has been made for the petitioner and other Gazetted Officers of Agartala Bench of Gauhati High Court. The Tripura Scale of Pay does not have fixed Medical Allowance and, therefore, the petitioner is entitled to reimbursed medical expenses with effect from the date he has opted for Tripura Scale of Pay. The Deputy Registrar by his office order dated! 4th January, 1996 passed an order fon recovery of a sum of Rs.6,800/- (Rupees; six thousand eight hundred) which the: petitioner has drawn as Medical Allowance in Assam Pay Scale on the ground that the petitioner is entitled to reimbursement and not Medical Allowance from 1.9.1992.

(3.) The petitioner having felt aggrieved by the recovery of the aforesaid amount of Rs.6,800/- (rupees six thousand eight hundred) towards Medical Allowance filed representations to the Registrar of the Agartala Bench of Gauhati High Court. The Registrar took up the matter with the Accountant General, Tripura, Agartala and the office of the Accountant General, Tripura by its letter dated 23rd April, 1996 intimated the Deputy Registrar, Gauhati High Court, Agartala Bench that in the Tripura Revised Pay Rules, 1988 there is no provision for treatment of Medical Allowance (already drawn) as medical reimbursement.