Smt. Rumi Chakraborty And Others vs The State Of Tripura & Others
2023 Latest Caselaw 276 Tri

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                      HIGH COURT OF TRIPURA
                            AGARTALA

                           WP(C) No.188/2023
Smt. Rumi Chakraborty and others
                                                         .........Petitioner(s).
                                VERSUS
The State of Tripura & others
                                                       .........Respondent(s).

For Petitioner(s) : Mr. Arijit Bhaumik, Advocate. For Respondent(s) : Mr. Mangal Debbarma, Addl. G.A.

HON'BLE THE CHIEF JUSTICE (ACTING)

Order

31/03/2023

Heard Mr. Arijit Bhaumik, learned counsel appearing for the

petitioners. Also heard Mr. Mangal Debbarma, learned Addl. Government

Advocate appearing for the respondents.

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

the Constitution of India seeking a direction to the respondents to grant one

advance increment in favour of the petitioners along with arrears of

financial benefit.

3. The facts of the case, in brief, are that the petitioners were

appointed as Post Graduate Teachers in different subjects under the

Directorate of School Education and on completion of 5 years of service

they were extended the benefit of regular pay scale w.e.f. 01.08.2012 and

they all had completed B.Ed. from Tripura University after their entry into

service but prior to the cut-off date of 01.01.2009 and as such they are

entitled to one advance increment under Rule 13(1)(v) of the Tripura State

Civil Services (Revised Pay) Rules, 2009. But till date, the petitioners have

not been provided with such benefits. Aggrieved thereby, they have

approached this Court by filing this writ petition. Hence, this case.

4. Petitioners have prayed 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 shall not be granted the benefit of one increment under Rule 13(1)(v) of the TSCS (RP) Rules, 2009 along with all arrears of financial benefit.

AND 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.

AND Issue Rule calling upon the Respondents to show cause as to why the Petitioners shall not be granted the benefit of one increment as per Judgment and Order at Annexure 15 and 16 of this Writ Petition.

(iv) 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."

5. In view of the above, without expressing any opinion on

merits, the present writ petition is disposed of directing the petitioners to

file their representations before the respondents seeking their reliefs sought

for along with all documents available in support of their claims including

the judgments relied on in their favour and on receipt of the same, the

respondents shall consider the case of the petitioners in accordance with

law within a period of three months from the date of receipt of such

representation(s).

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

disposed of.

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

CHIEF JUSTICE (ACTING)

Pulak