LAWS(GAU)-2008-2-90

KRISHNA CHANDRA DAS Vs. STATE OF TRIPURA

Decided On February 15, 2008
KRISHNA CHANDRA DAS Appellant
V/S
STATE OF TRIPURA Respondents

JUDGEMENT

(1.) The case in hand is a surprising and shocking one. By this writ petition the petitioner has prayed for a direction for quashing the Memo dated 26-4-2005 (Annexure-4 to the writ petition) issued by the Director of Social Welfare and Social Education, Govt. of Tripura, respondent No. 2 herein whereby and whereunder the petitioner was released from Govt. service with immediate effect placing him on superannuation on and from 31-3-2001 basing his date of birth on 19-3-1943, which has been recorded in the attestation form by the petitioner at the time of his entry into service and also to recover the excess amount paid to the petitioner for the period from 31-3-2001 to 26-4-2005, i. e. the date of issue of the impugned memorandum from his pensionary benefits and also for a direction not to recover the purported excess pay and allowances paid to him during the period from 1-4-2001 to 6-5-2005, i. e. the period he worked after the date of his actual superannuation.

(2.) Heard Mr. S. Talapatra. learned senior counsel, assisted by Mr. B. Banerjee, learned counsel for the petitioner and Mr. T. D. Majumder, learned Addl. Govt. Advocate appearing for the respondents.

(3.) The short facts required to be discussed for the purpose of disposal of the case in hand are as follows :