Tripura High Court
Ms. S. Deb (Gupta) vs None on 28 February, 2022
HIGH COURT OF TRIPURA
AGARTALA
Cont. Cas (C) 22 /2022
For the Petitioner(s) : Ms. S. Deb (Gupta), Advocate
For Respondent(s) : None
HON'BLE MR. JUSTICE ARINDAM LODH
Order
28/02/2022
Heard Ms. S. Deb (Gupta), learned counsel appearing on behalf of the
petitioner.
This court in WP(C) 192 of 2020 vide its order dated 03.05.2021, had
passed the following directions:
"[10] In view of above settled proposition, I find no reason to treat the petitioners
in a different manner than those of the writ petitioners in the case of Harisadhan
Adhikari (supra) and Bipul Ranjan De (supra). Accordingly, I direct the State-
respondents to grant the benefit of third ACP to the petitioners for the reason that
they have not been promoted to the next higher post within the period they
completed 17 years and 25 years of service. To reiterate, it is further clarified that
the respondents cannot take the plea of the clarificatory note dated 14.09.2009 to
deny the benefit of third ACP to the petitioners.
[11] Accordingly, the relief claimed by the petitioners as stated hereinabove,
stands allowed. The benefit of ACP-III as stated hereinabove shall be paid to the
petitioners within a period of six months from the date of receipt of the copy of
this judgment. It is further clarified that the State-respondents shall extend all
other ancillary benefits including pensionary benefits to the petitioners by way of
re-fixing his pay scale in consonance with ACP-III. It is made clear that the
petitioners shall not be entitled to arrears, if any."
Against the said order dated 03.05.2021, an intra-court appeal had been
preferred by the respondents before a Division Bench of this court, which
has been registered as case no. W.A. 218 of 2021. The Division Bench of
this court vide order dated 17.08.2021 had dismissed the appeal, thereby
upholding and affirming the order dated 03.05.2021 passed by this court in
the above noted writ petitions.
Ms. Deb (Gupta), learned counsel has submitted that the said order dated
03.05.2021 has not yet been complied with by the respondents.
Situated thus, this court is compelled to issue notice upon the
respondents.
Accordingly, issue Notice calling upon the Contemnors to show cause as
to why a proceeding under Section 12 of the Contempt of Courts Act shall
not be drawn against them for deliberate violation and willful disobedience
of the judgment and order dated 03.05.2021 passed in WP(C) 192 of 2020,
as prayed for; and/or why such further and other order(s) shall not be passed
as to this Court may deem fit and proper.
Notice is made returnable on 11.04.2022.
The petitioner shall take steps for service of notice upon the Contemnors
within 7 (seven) days by registered post with AD.
JUDGE
Saikat
