Tripura High Court
Sri Pranab Sarkar And Anr vs The State Of Tripura And 3 Ors on 2 February, 2024
Author: Arindam Lodh
Bench: Arindam Lodh
Page 1 of 3
HIGH COURT OF TRIPURA
AGARTALA
WP(C) No.786 of 2023
Sri Pranab Sarkar and Anr.
....Petitioner(s)
Versus
The State of Tripura and 3 Ors.
....Respondent(s)
For the Petitioner(s) : Mr. A. Bhaumik, Advocate
For the Respondent(s) : Mr. M. Debbarma, Addl. GA
HON'BLE MR. JUSTICE ARINDAM LODH
Order
02/02/2024
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 19 th 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."
2. Heard Mr. A. Bhaumik, learned counsel appearing for the
petitioner. Also heard Mr. M. Debbarma, learned Addl. GA appearing for the
respondents-State.
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 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 is
covered under Rule 13(1)(ii) of the Tripura States Civil Services (Revised
Pay) Rules, 2009 and accordingly, they are entitled to one advance
increment, which was denied to them. Hence, the present writ petition.
4. At the very outset, Mr. Bhaumik, learned counsel for the
petitioner 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 WA
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 Addl. GA
appearing for the respondents.
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."
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).
9. The entire process shall be completed within a period of 4(four)
months from the date of receipt of a copy of this order.
10. With the above observation and directions, the instant writ
petition stands disposed of.
Pending application(s), if any, also stands disposed.
JUDGE
Snigdha
SANJAY Digitally signed by
SANJAY GHOSH
GHOSH 12:45:30 +05'30'
Date: 2024.02.03
