Sri Tapan Malakar vs The State Of Tripura And 2 Ors
2024 Latest Caselaw 1428 Tri

Tripura High Court

Sri Tapan Malakar vs The State Of Tripura And 2 Ors on 30 August, 2024

Author: Arindam Lodh

Bench: Arindam Lodh

                                    Page 1 of 2




                        HIGH COURT OF TRIPURA
                              AGARTALA

                             WP(C) No.496 of 2024

    Sri Tapan Malakar
                                                                ....Petitioner(s)
                      Versus
    The State of Tripura and 2 Ors.
                                                              ....Respondent(s)

For the Petitioner(s) : Ms. S. Deb Barman, Advocate For the Respondent(s) : Mr. Kohinoor N. Bhattacharyya, G.A

HON'BLE MR. JUSTICE ARINDAM LODH Order 30/08/2024 Heard Ms. S. Deb Barman, learned counsel appearing for the petitioner. Also heard Mr. Kohinoor N. Bhattacharyya, learned G.A appearing for the State-respondents.

It is submitted that a departmental proceeding was initiated against the petitioner. On conclusion of the proceeding, a penalty order was issued vide order dated 31.07.2008.

Under order dated 08.06.2015 (Annexure-5 to the writ petition), he was reinstated in service with the following order:-

"GOVERNMENT OF TRIPURA OFFICE OF THE SUPERINTENDENT OF POLICE GOMATI DISTRICT, UDAIPUR.

D.O No.901/2015 Dated. 8/6/2015.

Subject :- Re-instatement in service.

In compliance of Judgment order of the High Court of Tripura, Agartala dated 12-03-2015 in connection with Case No. WP(C) No. 195 of 2014 and PHQ Memo No.1239/R-66/DGP/LC/2014, dated 05-06-2015 No. 1017/R- 66/DGP/LC/2014, dated 25-04-2015 and DLR & Dy. Secy. Law of Tripura, vide No. 642/Secy./Law/15, dated 24-04-2015, L.R & Secretary, Law, Tripura U.O No. 155(G)-PD/2015, dated 24-04-2015 and SP(Gomati) legal Cell No. 458/SP/LC/15, dated 06-06-2015, Sri Tapan Malakar (earlier No. C/3303) of Armed Branch, South Tripura District, now Gomati District is hereby Re-instated in service with

effect from 22-04-2015 forenoon. He reduced to a lower scale of pay at Rs.8,060/- (PB-2, Rs.5700/- - 24000/-, GP- Rs.2100/-) for a period of one year w.e.f 22-04- 2015. He will not earn increment of pay during in the period of such reduction and after expiry of such period the reduction will have the effect of postponing of future increments of his pay.

New brass number C/3078 of Armed Branch, Gomati District is allotted to him.

Superintendent of Police Gomati District, Udaipur.

Memo No. 5541-49/F.5(62)/SP(RSV)/GD/15, dated 08/6/2015"

From the aforesaid order, it becomes clear that in the year 2015, his pay scale was reduced for a year and he was reinstated in service. It is the grievance of the petitioner that till today he is receiving his salary and pay at the reduced rate. If this fact is true, then the department will be liable to pay the salary which the petitioner was entitled to before his scale was reduced under order dated 08.06.2015.

At this juncture, learned G.A has sought for 7 days' accommodation for taking necessary instruction in this respect.

Prayer is allowed.

List the matter on 06.09.2024.

A copy of this order may be furnished to the learned G.A.

JUDGE

Rohit SAIKA Digitally signed by SAIKAT KAR

T KAR Date: 2024.09.02 14:34:00 +05'30'