Shri Rajat Kanti Chakraborty vs The State Of Tripura And Others
2023 Latest Caselaw 281 Tri

Citation : 2023 Latest Caselaw 281 Tri
Judgement Date : 4 April, 2023

Tripura High Court

Shri Rajat Kanti Chakraborty vs The State Of Tripura And Others on 4 April, 2023

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                     HIGH COURT OF TRIPURA
                           AGARTALA

                          WP(C) No.194/2023
Shri Rajat Kanti Chakraborty
                                                       .........Petitioner(s).
                              VERSUS
The State of Tripura and others
                                                     .........Respondent(s).

For Petitioner(s) : Mr. B.N. Majumder, Sr. Advocate, Mr. S.C. Sen, Advocate.

For Respondent(s) : Mr. Bidyut Majumder, Dy. S.G.I., Mr. T.K. Choudhury, Advocate.

HON'BLE THE CHIEF JUSTICE (ACTING)

Order

04/04/2023

Heard Mr. B.N. Majumder, learned senior counsel assisted

by Mr. S.C. Sen, learned counsel appearing for the petitioner. Also heard

Mr. T.K. Choudhury, learned counsel appearing for the respondents

No.1 and 2 and Mr. Bidyut Majumder, learned Deputy S.G.I. appearing

for the respondent No.3, Union of India.

2. This instant writ petition has been filed under Article 226 of

the Constitution of India seeking a direction to the respondents to restore

the full pension of the petitioner on completion of 15 years from the date

of his retirement.

3. Petitioner has prayed for the following reliefs:

     "(i)    Issue RULE NISI;
     (ii)    Issue RULE NISI              calling upon the State

Respondents or each one of them to show cause as to why a Writ of Mandamus shall not be issued directing/ commanding the State Respondents to immediately restore the pension of the petitioner in terms of the Judgment and Order dated 04.06.2021 passed in W.A(C) 56 of 2020 affirmed by the Hon'ble Supreme Court of India in Special Leave Petition (Civil) No.2072 of 2022, dated 26.02.2022 (Annexure-8 supra);

AND

(iii) Issue RULE NISI calling upon the State Respondents or each one of them to show cause as to why a Writ of Mandamus shall not be issued directing/ commanding the State Respondents to treat the petitioner equally with the similarly situated employee namely Shri Gouranga Dhar, (Appellant in Writ Appeal No.56 of 2020 extending restoration of full pension on completion of 15 years of retirement;

(iv) Issue Rule calling upon the Respondents or each one of them as to why a Writ of Mandamus shall not be issued treating Petitioner's status as Pensioner under the Government of Tripura be restored after completion of 15 years period of retirement from his service;

AND

(v) As to why such other order orders shall not be passed so as to give full relief to the Petitioner and upon causes shown to make the Rule absolute."

4. It is agreed by both sides that that the matter is covered by

an order of Hon'ble Supreme Court dated 25.02.2022 passed in the case

of The State of Tripura & Ors. vrs. Gouranga Dhar in SLP(C)

No.2072/2022.

5. In view of the same, the prayers sought for in the writ

petition are allowed. The respondents are directed to restore the full

pension of the petitioner on completion of 15 years from the date of his

retirement. The arrears thereof shall be paid within a period of three

months from the date of receipt of the copy of this order.

6. With the above observation and direction, the writ petition

is allowed and disposed of.

Pending application(s), if any, also stands disposed of.