Bishu Debbarma v. The State Of Tripura And 2 ORS

Case No :WP(C) 0000401/2014 Party Name : BISHU DEBBARMA Vs THE STATE OF TRIPURA & 2 ORS THE HONBLE MR. JUSTICE S.TALAPATRA Heard Mr. D.K. Daschoudhury, learned counsel appearing for the petitioner as well as Mr. J. Majumder, learned counsel appearing for the respondents. By means of this writ petition, the petitioner has ventilated the grievance that he has not been paid for the working period that he has served as the GRS, for the periods from 01.03.2013 to 13.06.2013 and from 20.06.2013 to 20.12.2013 in the contractual rate. Since the prayer is restricted to this aspect only, this court has taken up the matter for disposal at this stage with concurrence of the counsel appearing for the parties.

Mr. Daschoudhury, learned counsel appearing for the petitioner has submitted that unfortunately the respondents have disputed the attendance of the petitioner on those days, inasmuch as from the attendance register, of which, the relevant pages has been submitted with the rejoinder. It would demonstrate that he worked on those days. The attendance register which are the part of Annexure-10 to the rejoinder shows that the petitioner signed the attendance register on those days and the copies of the attendance register has been signed by the Panchayat Secretary, in whose custody those attendance registers are kept. Prima facie this court is satisfied that the petitioner did the duties on those days. However, the competent authority, namely the District Programme Officer i.e.

the District Magistrate Collector, West Tripura, Agartala shall personally enquire whether the petitioner had actually worked on those days or not and during the enquiry these attendance registers shall be given due weightage as the attendance registers are the proof of marking the attendance. After verification, if the District Programme Officer is satisfied that the petitioner had worked on those days as stated, he shall immediately release the wages in the contractual rate to the petitioner without delay. The entire exercise shall be completed as expeditiously as possible, but by any rate not beyond one month from today. A copy of this order be furnished to Mr. J. Majumder, learned counsel appearing for the respondents for his doing the needful.

Accordingly, this writ petition stands allowed to the extent as indicated above leaving the parties to bear their own cost.

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