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Dr. Swapneel Bhattacharjee v. The State of Tripura and 3 others

Court: High Court of Tripura

Bench: HON'BLE MR. JUSTICE ARINDAM LODH

Judgment date:

Case summary

High Court of Tripura judgment dated 2024-05-02. Dr. Swapneel Bhattacharjee v. The State of Tripura and 3 others. Read the judgment and case details on...

Judgment text

HIGH COURT OF TRIPURA AGARTALA WP(C) 305 OF 2024 Dr. Swapneel Bhattacharjee Vs. The State of Tripura & 3 Ors. For the petitioner (s) : Mr. Koomar Chakraborty, Advocate. For the respondent (s) : Mr. M. Debbarma, Addl. G. A. HON’BLE MR. JUSTICE ARINDAM LODH 02. 05. 2024 Order Heard Mr. Koomar Chakraborty, learned counsel appearing for the petitioner. Also heard Mr. M. Debbarma, learned Addl. G. A. appearing for the State-respondents. By way of filing the present writ petition, the petitioner has prayed for relaxation of his salary. The case of the petitioner is that though the respondents had utilized his service for certain period, but, they were not paying the salary for the period he has served. From the record as well as from the submission of learned Addl. G. A. , it comes to light that the petitioner was found to be absent for certain period and for that reason, he has not been paid any salary for the period he has served the respondents.

In the aforesaid background of facts, in my opinion, the petitioner is entitled to receive/get salary for the period he has served the respondents and the respondents had utilized his service. Accordingly, I direct the respondents to release his salary for the period admittedly he has served the respondents. This court is not passing any direction to regularize the salary of the petitioner for the period he was allegedly found absenting unauthorizedly. If the petitioner is found to remain absent from discharging his duties unauthorizedly, the respondents may proceed in accordance with law against him after affording all reasonable opportunities. It is made clear that the salary of the petitioner for the period he rendered service has to be released within a period of two months from today. With the aforesaid directions and observations, the instant writ petition stands disposed. Pending application(s) if any, shall also stand disposed.

JUDGE sanjay Digitally signed by SAIKAT KAR SAIKAT KAR Date: 2024. 05. 03 11:02:17 +05'30'

Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.