Sri Jiban Kumar Datta vs The State Of Tripura And 3 Ors
2021 Latest Caselaw 390 Tri

                    HIGH COURT OF TRIPURA
                           AGARTALA
                      W.P.(C) No.348 of 2020

Sri Jiban Kumar Datta
                                                      ----Petitioner(s)
                                Versus

The State of Tripura and 3 Ors.
                                                    ----Respondent(s)

For Petitioner(s)         :    Mr. R. Nandi, Adv.

For Respondent(s)         :    Mr. M. Debbarma, Addl. G.A.


            HON'BLE MR. JUSTICE S. TALAPATRA

                                Order
22/03/2021

Heard Mr. R. Nandi, learned counsel appearing for

the petitioner as well as Mr. M. Debbarma, learned Addl. G.A.

appearing for the respondents.

02. Mr. Debbarma, learned Addl. G.A. at the outset has

produced the order dated 08.01.2021 as issued by the Director

General of Police, Tripura and the communicated dated

13.01.2021 which is addressed to the Director General of Police

being issued by the Home Department, Government of Tripura.

In the Home Department communication has observed as

follows:

"The Department is requested to comply the order of the Hon'ble High Court of Tripura in W.P.(C)194 of 2019 as per decision taken by the Department in previous similar cases."

03. In terms of the said communication, the order dated

08.01.2021 has been passed which reads as under:

"In pursuance of Hon'ble High Court of Tripura Judgment & Order dated 28-03-2019 passed in Case No.WP©-194 of 2019 (Sri Jiban Kr. Datta- Vs- The State of Tripura & Ors.)(copy enclosed) and Home Department, Govt. of Tripura letter No.F.13(62)-PD/19/111 dated 13-01-2021 (copy enclosed), it is hereby ordered that petitioner Sri Jiban Kumar Datta of Sepahijala District is entitled to notional pay fixation benefits as a member of erstwhile Border Wing Home Guards Battalion from the date of his enrolment in BWHG Bn Tripura up to 28- 03-2019 and cash benefit with effect from 29-03-2019."

Both the communication and the order are taken into

records.

04. By means of this petition, the writ petitioner namely

Jiban Kumar Datta has urged this court for directing the

respondents providing the benefit in terms of the judgment and

dated 22.07.1988 passed by the Gauhati High Court at Agartala

Bench in Case No. Civil Rule 119 of 1981, the order dated

02.06.2014 in W.P.(C) 384 of 2010, the order dated

05.03.2016 in W.P.(C) No.13 of 2015, the order dated

12.10.2018 in W.P.(C) No.1563 of 2017 and in terms of the

direction contained in the judgment and order dated

28.03.2019 delivered in W.P.(C) 194 of 2019.

05. In view of these above decision as communicated by

the Director General of Police, Tripura, this writ petition has

become infructuous. Hence, this writ petition is disposed of

being infructuous. Before parting with the records, the

respondents are directed to grant the financial benefits to the

petitioner within a period of 3(three) months from today.

There shall be no order as to costs.

JUDGE

Moumita