Tripura High Court
The State Of Tripura & Another vs Sri Dipak Banerjee on 18 July, 2022
Page 1 of 8
HIGH COURT OF TRIPURA
AGARTALA
WA No.143 of 2021
The State of Tripura & another
...... Appellant(s)
versus
Sri Dipak Banerjee
...... Respondent(s)
For Appellant(s) : Mr. Debalay Bhattacharya, G.A.,
Mr. P. Saha, Advocate.
For Respondent(s) : Mr. Somik Deb, Sr. Advocate,
Mr. Abir Baran, Advocate.
HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY
HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY
Order
18/07/2022
(Indrajit Mahanty, C.J.)
Heard Mr. Debalay Bhattacharya, learned Government
Advocate appearing on behalf of the appellants-State and Mr. Somik Deb,
learned senior counsel appearing for the private respondent.
Challenge in the present writ appeal has been made to an order
dated 09.02.2021 in WP(C) No.750 of 2020 passed by the Hon'ble Single
Judge directing as follows:
"Having noted all these observations, the respondents are directed to
create the adequate number of posts in the Tripura Fire and
Emergency Service Department and make appointments against
those posts for introducing the system of 4 off-days in lieu of present
and existing 3 off-days. After such appointment is made the
respondents shall review the shift system having due regard to the
recommendation of the said committee. So far the special
compensatory allowance is concerned as Tripura Fire and
Emergency Service Department has on principle accepted that such
compensatory allowance, equivalent to one month leave salary, be
extended to the Non-Gazetted Operational staff of the said
department that shall also be implemented as expeditiously as
possible"
Learned Government Advocate, on behalf of the State,
contended that prior to the writ petition, order of which is sought to be
challenged herein, an earlier writ petition i.e. WP(C) No.364 of 2014 had
come to be filed and by judgment and order dated 02.11.2017 in WP(C)
No.364 of 2014, the following directions had been passed -
"Having appreciated the submissions advanced by the learned
counsel for the parties and scrutinized the records produced with the
writ petition and with leave of the Court, this Court is of the view
that the grievances enumerated in this writ petition falls
fundamentally in the domain of the executive in the matter of
framing a policy for maintenance of the standard of service. It is
apparent from the records that the state is alive of these difficulties
faced by the fire service personnel. They have also taken some steps
to ease the stress of continuous duty by introducing 3(three)-shift
duty system and allowing them to enjoy off/leave days and holidays
as referred above. But this Court has been persuaded to realise that
further changes are required in the prevailing system. It is necessary
that the best practices are introduced by carrying out a review of the
present system, While reviewing the present system the
predicaments of the fire service personnel are to be essentially borne
in mind and easing out those be given priority.
Having observed thus, the respondents are directed to constitute a
committee to make recommendation about the changes in the
prevailing system whereunder the duties of the fire service personnel
are regulated. While making such review, essentially the following
aspects are to be assessed.
i) The daily duty hour in the system.
ii) Avoidance of duty continuously in 2(two) shifts.
iii) Adequate leave/off days for the fire service personal.
iv) Other facilities like provisioning of food items and other essential
commodities.
v) Recreation at the work place.
vi) Creation of adequate posts etc.
The said committee shall be constituted of one senior level officer
from the Home Department and one senior level officer from the
Finance Department. The said committee shall be constituted by the
Principal Secretary, Home Department with the specified terms of
reference in tune with the observations made above or any other
ancillary terms as would be required within one month from the day
of receiving copy of this order. The said committee shall furnish the
report to the Director General of Fire Services within a period of
6(six) months from the day of constitution. The Director General of
the Fire Service shall take necessary action on the basis of the said
recommendation. However a copy of the report shall be furnished to
the petitioners for their appraisal."
It appears that pursuant to this Court's direction in the aforesaid
writ petition, a committee had been constituted by notification dated
09.10.2018 and the said committee had taken into account all observations
made in the judgment recommended as follows:
SI. Point/Agenda of Present Status Recommendation of the
No. review committee
i. The daily duty At present, there are Earlier there were 2-shift
hour in the system 3(three) shifts in daily duty duty systems in Fire Service
hour in fire stations namely Department. Later on 3-shift
Morning Shift (08'00 hrs to duty system has been
13'00 hrs) introduced. The committee
Evening Shift- (13'00 hrs to observed that duration of 3
20'00 hrs) Shifts is not uniform e.g.
Night Shift- Morning shift duty is of 5
(2000 hrs to 0800 hrs) hours duration, evening
shift of 7 hours duration and
night shift of 12 hours
duration. The Committee
recommends that duration
of 3-shifts should be of
equal hours and introduction
of new shifting schedule to
be decided in consultation
with stakeholders of Fire
Service Department.
ii. Avoidance of duty Since, there is 3(three) shift The committee is
continuously in duty is in vogue in Fire unanimously recommend
2(Two) shifts Station, the question of two that the Department should
continuous shift duty does ensure that no employee be
not arise. put under two shift duty
continuously.
iii. Adequate leave/off Fire Service Staff are The committee feels that
days for the Fire enjoying one off day for one more off days may be
Service personnel each 10 days, thus 3 off considered reducing the
days in a month. Apart from present system of one off
3 off days in a month they day for ten days to seven
also enjoy other leave as days. Thus the employees
admissible to State will be eligible for four off
Government employees e.g. days per month in place of
30 days Earned leave (E.L) present three off days per
in a year, 20 days Half pay month. The committee also
leave i.e. 10 days commuted feels that with present staff
leave on full pay, 3 strength the increase of one
Compensatory leave for off day this is not possible.
performing duties on This may be considered
National Holidays after filling up of vacant
posts and creation of new
posts in the Department.
The marginally notes type
and duration of leave
available to fire service
department is adequate,
therefore no
recommendation on this
point also.
iv. Other facilities like
All Non-Gazetted It appears that Ration
provisioning of
employees of Fire Service Money and Kit Maintenance
food items and Department used to get Allowance (KMA)
other essentialRs.700/- as Ration Money increased during
commodities. per month and Rs.60/- as introduction of ROP as per
KMA per month. At the Tripura Pay Matrix 2017 is
time of introduction of similar to the personnel of
Tripura Pay Matrix 2017 Police Department.
(ROP) Ration money has Therefore, the committee
been increased to feels that there is no need of
@Rs.800/- per head per review of Ration money or
month and KMA @Rs.300/- KMA.
v. Recreation at the TV, Carrom Board, Chess, Since no playground is
work place Playing Cards etc are available in Fire Stations,
provided to Fire Stations the Committee recommends
from Central Stores of Fire the indoor games items to
Service Department for be sufficiently provided for
recreation of staff at the recreation purpose to all
work place. Fire Stations.
vi. Creation of 7 Fire Stations were opened The committee recommends
adequate posts etc. in the year 2017-18 without for initiating proposal for
sanction of posts for these filling up of the existing
Fire Stations. The shortage vacant posts of the
of Drivers is the main Department and creation of
concern of the department new posts as per latest
with each passing month as guidelines issued by
Drivers and Firemen are Finance Department
retiring on superannuation. Memorandum vide
Therefore, the number of No.F.9(2)-FIN(G)/2017/718
vacant posts has been on dated, the 19th December,
rise. Department has 2018.
initiated proposal creation
of new posts and filling up
of vacant posts, otherwise it
will be difficult for us to
continue 3 shift duty system
and would be liable for
contempt of High Court.
Apart from the above, learned Government Advocate drew our
attention to an additional affidavit dated 13.08.2021 filed in the present
appeal appending thereto Annexure-A dated 05.06.2021 claiming that
endeavour has been made by the State for creation of the posts pursuant to
the directives issued by this Court in the earlier judgment cited hereinabove.
Learned counsel appearing for the respondent supported the
impugned judgment and submitted that the personnel working in the Tripura
Fire and Emergency Service Department are unduly stressed on account of
lack of manpower and are also not in a position to utilize 3(three) days of
leave that is granted to them per month on account of exigencies of duties.
He also highlights the fact that the counterparts of the writ petitioner in
accordance with the rules of the State Government are entitled to 4(four)
days of leave and, therefore, this amounts to fair discrimination.
After hearing the learned counsel for the respective parties and
perusing the impugned order, we are of the considered view that the
situation has in effect stay remain as status quo since 2014 at least. The
report of the committee formed by the State Government speaks for itself.
The committee had clearly recommended not only creation of additional
posts but also payment of Special Compensatory Allowance and we find no
justifiable reason as to why recommendations of the committee set up by the
State ought not to have been accepted by the State and implemented
accordingly. Annexure-A to the additional affidavit dated 13.08.2021 is
merely recommendatory in nature. There is many a mile between a
recommendation, creation of posts and filling up of the same. Mere
endeavour, in our humble opinion, is inadequate. The State has to ensure that
the directions of this Court are complied with for the benefit of the people of
the State and the administration.
We find no justifiable cause to interfere with the directions
issued by the Hon'ble Single Judge and on the other hand we find that in
spite of the committee's report and in spite of recommendations, no
additional post had been actually created far less filled up.
Therefore, we are of the considered view, while dismissing the
appeal, to further direct the State to complete the process of creation of posts
within a period of 3(three) months from today and to complete the filling up
of such posts within a further period of 3(three) months thereafter. In the
meantime, the benefit of Special Compensatory Allowance as directed by
the Hon'ble Single Judge must be paid to the existing employees entitled to
the same within a period of 1(one) month from today and arrears be paid in
quarterly instalments within 1(one) year. We make it clear that the Special
Compensatory Allowance shall be paid to the existing employees till the
filling up of posts as recommended by the Committee.
This writ appeal stands disposed of. Pending application(s), if
any, also stands disposed of.
(S.G. CHATTOPADHYAY), J (INDRAJIT MAHANTY), CJ
Pijush
