Mr. A. Bhowmik vs Mr. D. Sharma
2023 Latest Caselaw 237 Tri

Citation : 2023 Latest Caselaw 237 Tri
Judgement Date : 24 March, 2023

Tripura High Court

Mr. A. Bhowmik vs Mr. D. Sharma on 24 March, 2023

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                        HIGH COURT OF TRIPURA
                              AGARTALA
                         WP(C) NO.162 OF 2023

Sri Bhaskar Chakraborty and ors.
Vs.
The State of Tripura and ors.

               HON'BLE THE CHIEF JUSTICE (ACTING)

Present:
For the Petitioner(s)       : Mr. A. Bhowmik, Advocate.
                              Mr. S. Dey, Advocate.

For the Respondent(s)       : Mr. D. Sharma, Addl. G.A.

24.03.2023

Order

The Petitioners approach this Court by way of filing this

instant petition under Article 226 of the Constitution of India seeking

a Writ of Mandamus directing the respondents to grant one

increment in favour of the petitioners No.4, 5 and 6 for the B.ED

training undergone by the petitioners prior to the entry into the

service as per Rule 13(1) (ii) of the Tripura State Civil Services

(Revised Pay) Rules, 2009 and to grant the petitioners Nos.1, 2 and

3 an advance increment as per Rule 13(1) (v) of the Tripura State

Civil Services(Revised Pay) Rules, 2009(hereinafter referred t as the

Rules of 2009) having completed B.ED upon entry into service prior

to 01.01.2009. The petitioners further seek a writ of certiorari for

setting aside the memorandum dated 6th July, 2011 issued by the

Finance Department, Government of Tripura whereby a decision has

been taken to provide lump sum benefit to the petitioners in lieu of

the increment under Rule 13(1)(ii) and Rule (1)(v) of the Tripura

State Civil Services (Revised Pay) Rules, 2009 on the ground that

the petitioners were on fixed pay for a period of 5 years after entry

into services. The petitioners further raised grievance regarding the

violation of Rule 13 (1)(ii) and Rule 13(1)(v) of the Tripura State

Civil Services (Revised Pay) Rules, 2009. Grant of training incentive

in the form of advance increment was introduced by Tripura State

Civil Services (Revised Pay) (First Amendment) Rules, 1999 notified

vide notification dated 5th March, 1999 whereunder by virtue of

Note-3, it was provided to grant one advance increment to teachers

on successful completion of departmental training. The said system

of granting one advance increment was replaced by lump sum

benefit for training w.e.f. 01.01.2009 under the ROP Rules, 2009.

Petitioners No.1, 2 and 3 humbly state that they completed the B.ED

after entry into service but before 01.01.2009 and therefore is

covered by Rule 13(1)(v) of the Rules of 2009 and as such the

petitioners No.1, 2 and 3 are entitled to one increment as per the

said Rule 13(1)(v) of the Rules of 2009. Petitioners No.4, 5 & 6

completed their B.ED. prior to entry into service and as such

petitioners No.4, 5, and 6 craves leave of this Court to Highlight

Rule(13) 1(ii) of the Tripura State Civil Services (Revised Pay) Rules,

2009 which provides that those teachers who had obtained

B.ED/UBBT before entry into the service, the Finance Department

Government of Tripura issued a memorandum on 6th July, 2011

whereby it was provided that the fixed pay employees do not come

under the purview of revision of pay rules and therefore the teachers

who completed the B.ED prior to entry into service are entitled to

lump sum benefit and not the increment as provided under the

rules. The said memorandum dated 6th July, 2011 is contrary to the

Rules of 2009 and Rule 13(1) (ii) and Rule 13(1)(v) of the Rules of

2009 clearly provides for the grant of increment to teachers.

Hence the petitioners have filed this instant writ petition

praying for the following reliefs:-

"i. Issue Notice upon the Respondents.

ii. Call for the Records.

iii. Issue Rules calling upon the respondents to show cause as to why the petitioners Nos.4, 5 & 6 shall not be given the benefit of the one increment as per Rule 13(1) (ii) of the Tripura State Civil Services (Revised Pay) Rules, 2009 along with arrears of financial benefit.

Issue Rule Calling upon the respondents to show cause as to why the petitioners Nos.1, 2 and 3 shall not be given the benefit of one increment as per Rule 13(1)(v) of the Tripura State Civil Services (Revised Pay) Rules, 2009 along with arrears of financial benefit .

Issue Rule calling upon the Respondents to show cause as to why the memorandum dated 6th July, 2011 issued by the Finance Department Government of Tripura shall not be set aside and quashed.

Issue Rule calling upon the Respondents to show cause as to why the petitioners No.4, 5 & 6 shall not be granted all financial benefits as per the Judgment and order dated 19th March, 2021 passed in WP(C)No.703 of 2019 by this Court as upheld by the learned Division Bench in W.A No.207 of 2021.

Issue Rule calling upon the Respondents to show cause as to why the Petitioners No.1, 2 and 3 shall not be granted all benefits in terms of the Judgment and Order dated 19.01.2022 passed in WP(C) No.602 of 2021 as upheld by the learned Division Bench vide judgment and order dated 06.12.2022 passed in W.A. No.309 of 2022 and other batch matters.