Rajib Datta vs. Tripura Cricket Association& Ors.

HIGH COURT OF TRIPURA AGARTALA W.P.(C)No.431 of 2020

Rajib Datta

----Petitioner(s)

Versus

Tripura Cricket Association and Ors.

----Respondent(s)

For Petitioner(s)	:	Ms. R. Guha, Adv.
For Respondent(s)	:	Mr. S. M. Chakraborty, Sr. Adv.<br>Ms. A. Pal, Adv.

HON'BLE MR. JUSTICE S. TALAPATRA

Order

19/01/2021

Heard Ms. R. Guha, learned counsel appearing for the petitioner as well as Mr. S. M. Chakraborty, learned senior counsel assisted by Ms. A. Pal, learned counsel appearing for the respondents.

The grievance of the petitioner as surfaced from the averments is that for the purported interpretation of the judgment and order dated 31.01.2019 as delivered in a batch of writ petition [Annexure-R/2 to the reply filed by the respondents] the respondents did not pay the full remuneration to the petitioner in terms of the office order dated 14.09.2018 [Annexure-2 to the writ petition]. Further, it has been pointed out that even the remuneration as communicated to be paid to the petitioner by the letter dated 14.09.2018 has not also been paid.

According to Ms. Guha, learned counsel, there is no tenable reason to deny the petitioner's remuneration inasmuch as he has satisfactorily discharged his duty as the Coach.

Mr. S. M. Chakraborty, learned senior counsel appearing for the respondents has fairly submitted that the respondents could not make the payment on the said remuneration in terms of the orders dated 14.09.2018 [Annexures-2 and 3 to the writ petition] for one observation of this court in the said order dated 31.01.2019. They do not have any intention to withhold the payment of the petitioner. As such, there is no intentional lapse in this regard. Mr. S. M. Chakraborty, learned senior counsel has referred to this court, the following passages from the reply of the respondents:

"That, by an order dated 19.12.2018, the Hon'ble Division Bench of this Hon'ble Court passed in WP(C)(PIL) No.8 of 2018, restrained the Respondent No.1 from spending any amount without the leave of the court any money as remuneration to any one of the Advisors so appointed by the communication dated 26.09.2018. It was further made clear that after that order no payment shall be released to any one for any of the purchases made thus far.

A copy of the said order is enclosed as Annexure-R/1.

That, after that order, the Division Bench of this Court passed another order in WP(C) No.589 of 2018 with WP(C) No.590 of 2018 on 31.01.2019. In that order, this Hon'ble Court terminated all such appointments, whether it was of advisors, ministerial or other staff, including the General Secretary, Treasurer etc., without approval of this Hon'ble Court and also that the orders passed by the Administrator during the pendency of those Writ Petitions were also not to be given effect, unless mandated otherwise by the Hon'ble Court and without leave of the court.

A copy of the said order is enclosed as Annexure-R/2. That, under that circumstances, it is submitted by the Respondents that under the aforesaid circumstances the answering respondents had no scope to make any payment to the Petitioner and there was no intentional lapse or negligence on their part."

From the order dated 31.01.2019, it appears that this court had observed that in so far as the issue of appointments, be it that of advisors, ministerial or other staff including the General Secretary, Treasurer etc., are concerned, those were made without approval of this Court. Such appointments shall stand terminated forthwith. According to the petitioner, he does not fall within that category of advisors, ministerial or other staff or in the category of General Secretary and Treasurer of the Tripura Cricket Association (TCA).

There is no dispute that the petitioner has discharged his duties as the Coach in terms of the order dated 14.09.2018 and 14.09.2018 (two separate orders). Even for the order dated 31.01.2019, it cannot be deemed that the petitioner's service was terminated.

From a bare reading of the office orders dated 14.09.2018 [Annexure-2] it would appear that the petitioner was appointed as Level A Coach on onetime special incentive of Rs.1,00,000/- for the season 2018 2019 for coaching of Tripura Senior Men's Team for participation in the BCCI National Cricket Tournaments 2018-2019 i.e. Ranji Trophy, Vijay Hazare One day Trophy & Syed Mustaq Ali T/20 Trophy. On the same day, by another communication [Annexure-3] the petitioner's emoluments was fixed at Rs.5,00,000/- for the contracted period i.e., 01.09.2018 to 31.08.2019.

As there is no dispute that in respect of service of the petitioner in terms of conditions of agreement and as the respondents have admitted that they could not make the payment of the said incentive/emoluments for the said period, this court would like to clarify that the said order dated 31.01.2019 cannot operate against the office order dated 14.09.2018 [Annexures-2 and 3 to the writ petition] as the categories of persons referred in the said order dated 31.01.2019 cannot embrace the petitioner.

Having observed thus, the respondents are directed to release the payment, after deducting the payment that has been made to the petitioner, within a period of 2(two) months from this date.

In the result, this writ petition stands allowed to the extent as indicated above.

There shall be no further order as regards the cost.

JUDGE