Tripura High Court
Ms. N. Ghosh vs Mr. D. Sharma on 28 June, 2022
Page 1 of 3
HIGH COURT OF TRIPURA
AGARTALA
WP(C) NO.217 OF 2022
Sri Suman Dey
Vs.
The State of Tripura and ors.
HON'BLE MR. JUSTICE T. AMARNATH GOUD
Present:
For the Petitioner(s) : Ms. N. Ghosh, Advocate.
For the Respondent(s) : Mr. D. Sharma, Addl. G.A.
28.06.2022
Order
This is a petition filed under Article 226 and Article 14 of
the Constitution of India seeking the following reliefs:-
"i. Issue Rule upon the Respondents to show cause
as to why a writ in the nature of Mandamus and/or
order/orders and /or direction/directions of like nature shall
not be issued directing the Respondents to give the benefit
of the revision of pay by fixing the remuneration of the
petitioners on the basis of TSCS (RP) (1ST Amendment)
Rules 2018, w.e.f., 01.10.2018.
ii. Issue Rule upon the Respondents to show cause
as to why a writ in the nature of Mandamus and/or
order/orders and/or direction/directions of like nature shall
not be issued directing the Respondents to quash and cancel
the letter dated, 11/11/2021 sent by the HOO & DDO(Under
Secterary, RD) SLMC of SGSY to the Project Director, DRDA,
West Tripura/Gomati District.
iii. Make the rules absolute.
iv. Call for records.
v. Pass any further Order/Orders as this Hon'ble
Court considered fit and proper."
In this instant writ petition, the writ petitioner has
sought for necessary direction upon the respondents to give the
benefits of revision of pay, fixing the remuneration of the
petitioner on the basis of TSCS(RP)(1ST Amendment) Rules 2018,
w.e.f. 01/10/2018. The petitioner herein engaged as a Data
Entry Operator in the DRDA Udaipur vide engagement letter
dated 05.04.2007 issued by the Project Director, DRDA, South
Tripura Udaipur. After completion of five years of service as DEO,
the petitioner became entitled to be regularized but he was not
given the same benefit. So, the petitioner has filed a Writ
petition before this Court vide No.WP(C) No.547/2015 seeking
regularization of his service. Vide Judgment dated 28.06.2018,
learned Single Judge allowed the said writ petition. Against the
said Judgment and order, the State respondents filed a Writ
Appeal No.53 of 2019 along with 2(two) other Writ Appeals. Vide
Judgment and order dated 18.01.2021, learned Division Bench of
this Court set aside the Judgment of the learned Single Judge.
Thereafter, the petitioner has not been regularized. The
petitioner here has got the benefit of revision of pay, 2009 along
with Assistant Project Director from 01.10.2010. The petitioner
has submitted a representation dated 20.02.2021, through
proper channel, to the Director(Projects) SLMC of SGSY, R.D.
Department, Government of Tripura and prayed for his revision
of pay at par with Tripura State pay Matrix, 2018
w.e.f.01/10/2018. The Project Director (ADM & Collector) DRDA,
Gomati District, Udaipur forwarded the representation submitted
by the petitioners to Director (Projects) SLMC of SGSY, R.D.
Department, Government of Tripura. Vide letter dated
11.11.2021, the HOO & DDO(Under Secretary, RD) SLMC of
SGSY, communicated to the Project Director, DRDA, West
Tripura/ Gomati District and regretted the proposal for
enhancement of monthly remuneration against the contractural
employees of DRDA, Data Entry Operator of DRDAs as per ROP,
2017 and TSCS(Revised pay) 1ST Amendment Rules, 2018.
Heard Ms. N. Ghosh, learned counsel appearing for the
petitioner as well as Mr. D Sharma, learned Addl. G.A. appearing
for the State-respondents.
Without expressing any opinion merit, this instant writ
petition is disposed of directing the Director(Projects) SLMC of
SGSY, Rural Development Department, Government of Tripura,
respondent No.2 herein to consider the application of the
petitioner dated 20.02.2021 and take a decision at the earliest
preferable within 2(two) months from the date of receipt of the
copy of this order.
With the above observation and direction, this instant writ
petition stands disposed of.
Pending application(s), if any stands disposed of.
JUDGE
suhanjit
