Tripura High Court
Smt. Mahasweta Goswami Bhattacharyya vs The State Of Tripura on 16 August, 2024
Author: Arindam Lodh
Bench: Arindam Lodh
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HIGH COURT OF TRIPURA
AGARTALA
WP(C) 523/2024
1. Smt. Mahasweta Goswami Bhattacharyya, W/O Sri Nirmalya
Bhattacharyya, resident of Bardowali, opposite to Flyover Pillar No. 1, P.O.
+ P.S.- A.D. Nagar-799003, District- West Tripura.
2. Smt. Anamika Chakma, W/O Sri Rajib Chakma, resident of East
Rabindrakanan, near TSIC Office, Kunjaban, P.O. Abhoynagar-799005, P.S.
New Capital Complex, District- West Tripura.
3. Smt. Sampa Deb Kundu, W/O Mr. Supratim Kundu, resident of
Bardowali, Arundhutinagar, opposite Kalyan Samiti Club, P.O.+ P.S. A.D.
Nagar, District- West Tripura, Pin-799003.
4. Smt. Sangita Das, W/O Sri Bharat Sarkar, resident of Milan Chakra
P.O.+ P.S. A.D. Nagar, District- West Tripura, Pin-799003.
5. Smt. Susmita Deb, W/O Sri Sukanta Choudhury, resident of
Banamalipur, P.O.Agartala-799001, P.S. East Agartala, District- West
Tripura.
..... PETITIONERS
Versus
1. The State of Tripura, represented by the Principal Secretary, School
Education Department, Government of Tripura, P.O. Secretariat, P.S. New
Capital Complex, District- West Tripura, Pin- 799010.
2. The Director of Secondary Education, Directorate of Secondary
Education, School Education Department, Government of Tripura, P.O.
Agartala, P.S. West Agartala, District- West Tripura, 799001.
3. The Principal Secretary, Finance Department Government of
Tripura, P.O. Secretariat, P.S. New Capital Complex, District- West Tripura,
Pin- 799010.
4. The Head Master, Sankaracharyya Vidyayatan Class-XII School
(Girls), North Badharghat, P.O. + P.S. A.D. Nagar, Agartala, West Tripura,
Pin- 799003.
----Respondent(s)
For Petitioner(s) : Mr. S. Dey, Advocate
For Respondent(s) : Mr. Kohinoor N. Bhattacharjee, GA
Date of hearing & delivery
of judgment : 16.08.2024
Whether fit for reporting : No
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HON'BLE MR. JUSTICE ARINDAM LODH
Judgment & Order (Oral)
16/08/2024
Heard Mr. S. Dey, learned counsel appearing for the petitioners as well as
Mr. Kohinoor N. Bhattacharjee, learned GA appearing for respondents-
State.
2. By means of filing the present writ petition, the petitioners have
prayed for 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 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
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 all financial benefits as per the
Judgment and order dated 19th March, 2021 passed in W.P.(C)
No.703/2019 by this Hon'ble High Court as upheld by the Ld. Division
Bench in W.A. No.207/2021.
(iv) After hearing the parties, be pleased to make the rule absolute."
3. Briefly stated, the petitioners were appointed as Graduate Teachers on
different dates. Thereafter, they were on fixed pay for a period of 5(five)
years of their service. On completion of 5(five) years on fixed pay, the
petitioners were given the benefit of regular pay scale. At the time of their
initial appointment as Graduate Teachers, the petitioners had been
possessing the degree of B.Ed. which was a qualification higher than the
entry level qualification for the post in question. It is the grievance of the
petitioners that having entered into service as Graduate Teacher with B.Ed.
degree, their service became covered under Rule 13(1)(ii) of the Tripura
States Civil Services (Revised Pay) Rules, 2009, and accordingly, they are
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entitled to one advance increment, which was most illegally and arbitrarily
denied to them. Hence, the present writ petition.
4. At the very outset, Mr. Dey, learned counsel for the petitioners
submitted that the present writ petition is well covered by the judgment and
order of the learned Single Judge (A. Kureshi, CJ, as he then was) of this
Court dated 19.03.2021 passed in WP(C) No.703 of 2019 titled as Sri
Kamanashis Das & Ors. vs. The State of Tripura & Ors. Against the
judgment and order of the learned Single Judge, the State has preferred an
appeal which has been upheld by a Division Bench of this Court in W.A.
No.207 of 2021, titled as State of Tripura & Ors. vs. Kamanashis Das &
Ors. Learned counsel, therefore, prayed for disposing the present writ
petition in terms of the directions passed in Kamanashis Das(supra).
5. This proposition has not been opposed by learned GA appearing for
the respondents-State.
6. I have gone through the aforesaid judgment passed by learned Single
Judge in Kamanashis Das(supra). The relevant portion of the said judgment
may be reproduced here-in-below:
"16. In the result, it is provided that all the petitioners would be entitled
to one advance increment in terms of Rule 13(1)(ii) of ROP 2009 from
the respective dates when they were brought over to regular pay scales.
This pay fixation would, however, be for notional purpose till the date of
filing of the petition after which they would be entitled to arrears of
salary. These directions shall be carried out within a period of 4(four)
months from today. Petition is disposed of accordingly. Pending
application(s), if any, also stands disposed of."
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7. Since the factual aspects of the present writ petition is similar and
identical to the subject matter of the case of Kamanashis Das(supra), the
present writ petition is also, therefore, allowed and disposed of in the same
terms.
8. The respondents are directed to pay one advance increment and other
financial benefits in line with the directions given in Kamanashis
Das(supra). The entire process shall be completed within a period of 4(four)
months from the date of receipt of a copy of this order.
9. With the above observation and directions, the instant writ petition
stands disposed of. Pending application(s), if any, also stands disposed.
JUDGE
SAIKAT KAR KAR
Date: 2024.08.21 12:30:46
+05'30'
