Sabbir Sumar Jamatia vs The State Of Tripura And Ors
2023 Latest Caselaw 379 Tri

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                         HIGH COURT OF TRIPURA
                               AGARTALA
                          WP(C) NO.85 OF 2022

   Sabbir Sumar Jamatia
                                                      ......... Petitioner(s)
                        Vs.

   The State of Tripura and ors.

                                                      ....... Respondent(s)

For the Petitioner(s) : Mr. K. Nath, Advocate.

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

Date of hearing and delivery of Judgment & Order : 15.05.2023.

Whether fit for reporting : YES/NO.

HON'BLE MR JUSTICE T. AMARNATH GOUD

JUDGMENT AND ORDER(ORAL)

This present writ petition has been filed under Article

226 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, direction/directions of like nature shall not be issued whereby directing the respondents to allow to non compounded advance increments to the petitioner for having M. Tech Degree at the entry level in terms of All India Council for Technical Education Notification, dated,05.03.2010 with arrears.

ii. Issue Rule upon the Respondents to show cause as to why a writ in the nature of Mandamus and/or order/orders, direction/directions of like nature shall not be issued whereby directing the respondents to give the benefit of movement of AGP 7000 to the petitioner w.e.f. 29.11.2018 on completion of 5 years service as Asst. Professor having master degree w.e.f. 29.11.2013 with arrear.

iii. Call for the records pertaining to the instant writ petition form the custody of the Respondents.

iv. Make the Rules absolute after hearing the parties.

AND Pass any other order/orders as this Hon'ble High Court may consider fit and proper."

2. Heard Mr. K. Nath, learned counsel appearing for

the petitioner as well as Mr. D. Sharma, learned Addl. G.A.

appearing for the respondents.

3. It is seen from the record that the petitioner has

submitted representations dated 29.11.2019, 05.02.2021, and

13.09.2021 before the Director of Education(Higher)

Department ventilating his grievance. But no response has been

given by the respondents in terms of those representations.

According to the petitioner, the present matter is a covered

case, in terms of WP(C) No.683 of 2021 dated 23.05.2022 and

also WP(C) No.72 of 2019, and batch matters dated 26.03.2019.

4. In view of the same, without expressing any

opinion on the merits, this present writ petition is disposed of

directing the respondents to consider the case of the petitioner

for releasing his service benefits as expeditiously as possible

preferably within a period of 3(three) months from the date of

receipt of the copy of this Order. In support of his case, the

petitioner is at liberty to place before the respondents any such

materials including Judgment and Order 23.05.2022 and

26.03.2019 passed in WP(C) No.683 of 2021 and WP(C) No.72

of 2019 and batch matters and the same shall be considered by

the respondents in accordance with law.

5. With the above observation and direction, this

present writ petition stands disposed of. Stay if any stands

vacated. Pending application(s), if any also stands closed.

JUDGE

suhanjit