Tripura High Court
Mr. A. Bhowmik vs Mr. D. Sharma on 24 March, 2023
Page 1 of 3
HIGH COURT OF TRIPURA
AGARTALA
WP(C) NO.167 OF 2023
Smt. Surekha Debbarma 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
This present writ petition is filed under Article 226 of the
Constitution of India praying for the following reliefs:-
" i) Issue notice upon the Respondents.
ii) Call for the records.
iii) Issue Rule calling upon the respondents to show cause
as to why the Petitioners No.1, 4, 5, 6 & 7 shall not be given the benefit
of one increment as per Rule 13(1), (ii) of the Tripura States Civil
Services (Revised Pay) Rules, 2009 alongwith arrears of financial
benefit.
AND.
Issue Rule calling upon the respondents to show cause as
to why the petitioners No.2 & 3 shall not be given the benefit of one
increment as per Rule 13(1)(v) of the Triprua States Civil Services
(Revised Pay) Rules, 2009 along with arrears of financial benefit.
AND
Issue Rules 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.
AND
Issue Rule calling upon the Respondents to show cause as
to why the Petitioners No.1, 4, 5, 6 and 7 shall not be granted all
financial benefits as per the Judgment and order dated 19 th March 2021
passed in WP(C) No.703 of 2019 by this Hon'ble High Court as upheld by
the Ld. Division Bench in W.A. No.207 of 2021.
AND
Issue Rule calling upon the Respondents to show cause as
to why the Petitioners No.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 Ld. Division Bench vide Judgment and
order dated 06.12.2022 passed in W.A. No.309 of 2022 and other batch
matters.
And after hearing the parties, be pleased to make the rule
absolute.
AND/OR
Pass any other order/orders as deemed fit and proper by
this Hon'ble Court."
Heard Mr. A. Bhaumik, learned counsel appearing for
the petitioners as well as Mr. D. Sharma, learned Addl. G.A.
appearing for the respondents and perused the evidence on
record.
Mr. A. Bhaumik, learned counsel appearing for the
petitioners seeks to withdraw this writ petition in so far as
petitioners No.2 & 3 herein is concerned with a liberty to file it
afresh. Accordingly, this writ petition is dismissed against
petitioners No.2 & 3 with the liberty to avail remedies under the
law.
In so far as petitioners No.1, 4, 5, 6 and 7 of this
present writ petition is concerned, it is agreed by both sides that
the subject matter involved in this writ petition is covered by
the Order passed by the Single Bench of this Court in WP(C)
No.703 of 2019 dated 19.03.2021 i.e. Annexure-24 to this Writ
Petition, which was subsequently confirmed vide order dated
06.12.2022 passed in W.A. No.207 of 2021 and anr., matter i.e.
Annexure-25 to this Writ Petition by the Division Bench of this
Court.
In view of the same, this present writ petition is
accordingly allowed for petitioners No. 1, 4, 5, 6 and 7 in the
terms stated herein above. Registry shall enclose the order
copies of WP(C) No.703 of 2019 dated 19.03.2021 i.e.
Annexure-24 to this Writ Petition and order dated 06.12.2022
passed in W.A. No.207 of 2021 and anr., matter i.e. Annexure-
25 to this Writ Petition along with this order.
As a sequel stay if any stands vacated and pending
application(s), if any, stands closed.
CHIEF JUSTICE (ACTING)
suhanjit
