Mr. G. K. Nama vs Ms. N. Chakma Saha
2021 Latest Caselaw 429 Tri

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                      HIGH COURT OF TRIPURA
                            AGARTALA
                        WP(C)No.236 of 2021

For Petitioner(s)        :       Mr. G. K. Nama, Adv.

For Respondent(s)        :       Ms. N. Chakma Saha, Adv.

HON'BLE MR. JUSTICE S. TALAPATRA

Order 30/03/2021 Heard Mr. G. K. Nama, learned counsel appearing for the

petitioner.

The petitioners are borne in the Tripura court's

Stenographers' service which is just parallel to Tripura

Government Stenographers' service. In terms of the order passed

in W.P.(C) No.245 of 2007 (Anjan Debroy and Anr. vs. State of

Tripura and Ors.) the first scale up-gradation was made on

completion of 4(four) years of service under the Tripura State Civil

Service (Revised Pay) Rules, 1988. But the similar benefits were

not extended to the member of the Tripura Courts Stenographer

service even though they made the representation for extending

the same.

It appears from the memorandum dated 07.01.2021

[Annexure-4 to the writ petition] that the Government of Tripura

in the Law Department has allowed the members of the courts

Stenographer Service same up-gradation on completion of four

years of service under ROP Rules, 1988 subject to adherence of

the following conditions:

(i) First automatic financial upgradation after 4 years service

shall not be allowed to Court Steno graphers' if they are

promoted to next higher post by that time;

(ii) In all cases, the Court Stenographers' concerned, who would

receive first automatic financial upgradation after 4 years of

the service, shall be entitled to second financial upgradation

after total 17 years of continuous and satisfactory service,

subject to condition that they are not promoted to the next

higher post by that time;

The respondents have adopted the said principle as laid

down in the judgment delivered in W.P.(C) No.245 of 2007.

Members of the Tripura Courts Stenographers' service shall not be

entitled to any arrear pay and on upgradation of scale their pay

would be fixed notionally. Their pension also be fixed notionally

from the date when the said memorandum was issued i.e.,

07.01.2021.

Now, by means of this writ petition, the petitioners have

urged this court to direct the respondents to allow the financial

benefit at least from the date three years prior to issuance of the

memorandum dated 07.01.2021 [Annexure-4 to the writ petition].

Issue notice calling upon the respondents to show cause

as to why a Rule should not be issued and/or appropriate

direction as sought shall not be passed as prayed for; and/or

any other such further order(s) shall not be passed as to this

Court may deem fit and proper having regard to the

circumstances of the case.

Notice is made returnable on 19.04.2021.

Since Ms. N. Chakma Saha, learned counsel appears and

waives notice for the respondents, no formal notice is called for.

It is expected that the respondents shall file their reply by

the returnable date as the controversy is confined to a very

short point, this court would like to dispose the matter on the

returnable date.

JUDGE

Moumita