Tripura High Court
Smt. Piyashi Das And 4 Ors vs The State Of Tripura And 2 Ors on 30 January, 2024
Author: Arindam Lodh
Bench: Arindam Lodh
Page 1 of 3
HIGH COURT OF TRIPURA
AGARTALA
WP(C) No.697 of 2023
Smt. Piyashi Das and 4 Ors.
....Petitioner(s)
Versus
The State of Tripura and 2 Ors.
....Respondent(s)
For the Petitioner(s) : Mr. A. Bhaumik, Advocate
For the Respondent(s) : Mr. Kohinoor N. Bhattacharyya, GA
HON'BLE MR. JUSTICE ARINDAM LODH
Order
30/01/2024
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 granted the benefit of one
increment under Note-2 of 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 Memorandum dated 16.10.2007 issued by the Finance
Department, Govt. of Tripura shall not be set aside and
quashed.
(iv) And after hearing the parties, be pleased to make the rule
absolute."
2. Heard Mr. A. Bhaumik, learned counsel appearing for the
petitioners. Also heard Mr. Kohinoor N. Bhattacharyya, learned GA
appearing for the respondents-State.
3. Briefly stated, the petitioners were appointed to the post of Post
Graduate Teachers on fixed pay basis on different dates. Thereafter, they
were to remain on fixed pay for a period of 5(five) years after joining to their
service. On completion of 5(five) years of continuous service on fixed pay
basis, the petitioners were given the benefit of regular pay scale. Thereafter,
vide memorandum dated 22.05.2008, all the petitioners of the instant writ
petition were selected for undergoing training for Certificate course in
Elementary Education(CETE) for a period of 6(six) months. Upon
completion of 6(six) months training, the End Term Examination was held in
the month of December, 2008 and the results were published on 15.04.2009
and all the petitioners had successfully passed the End Term Examination in
one attempt.
4. It is highlighted in the writ petition by the petitioners that vide
notification dated 05.05.2009, Tripura State Civil Service(Revised Pay)
Rules, 2009(for short, Rules, 2009) was introduced by the Govt. of Tripura
w.e.f. 01.01.2006. Under Rule 13(1)(v) of the Rules, 2009 it was provided
that the existing system of granting training incentive to employees in the
form of one increment is replaced with lumpsum incentive grant. In the Note
to Rule 13(1)(v) it was provided that such system of providing lumpsum
incentive grant will take effect from 01.01.2009 for all employees who
completed training on or after 01.01.2009. Subsequently, Rules, 2009 was
amended vide Notification dated 06.01.2011 providing therein that the
employees who completed full training course and appeared in the End Term
Examination prior to 05.05.2009 and passed the examination in all subjects
in one attempt, shall be exempted from the purview of Rule 13(1)(v) and will
be entitled to training incentive in the form of one increment. Thus, by the
amendment of Rules, 2009, the petitioners are entitled to one advance
increment, which was denied to them. Hence, the present writ petition.
4. Mr. Bhaumik, learned counsel for the petitioners has submitted
that the instant writ petition is squarely covered by the judgment and order of
the Single Bench of this Court passed in WP(C) No.626 of 2023 titled as Sri
Debu Ranjan Sinha & 8 Ors. vs. The State of Tripura & 2 Ors. It is also
submitted that the directions issued in the judgment and order passed by the
learned Single Judge has been complied with and has already been
implemented by the respondents vide Memo dated 17.11.2023, which may
be reproduced hereunder:
"Government of Tripura
Directorate of School Education
Estt. (Confirmation) Section
Dated, Agartala, the 17/11/2023
MEMO
Subject:- Allowing of benefit of one advance increment in terms of Rule
13(1)(v) of ROP, 2009 as per Judgement and Order dated 06-10-2023 in
connection with the WP(C) No.626/2023.
In compliance with the judgement & order dated 06-10-2023 in
connection with the WP(C) No.626/2023 of the Hon‟ble High Court of
Tripura, all the petitioners would be entitled one advance increment in terms
of Rule 13(1)(v) of ROP, 2009 from the respective dates when they were
regularised in their service. However, the fixation of pay of the petitioners
would be made notionally till the date of filing of these petitions after which
they would be entitled to get arrears of salary from the date as mentioned in
col. No.5 against each in the Annexure-„A‟.
2. The concerned Head of Office and DDOs are requested to
forward the same to the present Head of Office and DDO if any transfer has
been made during this period.
Signed by Nripendra Chandra Sarma
Date: 17-11-2023 21:10:42
Reason: Approved
(N.C. Sharma)
Director of Secondary Education
Tripura"
5. The aforesaid submission of Mr. Bhaumik, learned counsel for
the petitioners is acceded to by the Learned GA appearing for the
respondents-State.
In view of the above, the instant writ petition stands allowed
with similar direction as passed in Debu Ranjan Sinha(supra) and the
respondents are directed to issue similar order as passed in Memo dated
17.11.2023 quoted here-in-above.
Pending application(s), if any, also stands disposed.
JUDGE
Snigdha
SANJAY Digitally signed by
SANJAY GHOSH
GHOSH Date: 2024.01.31
16:09:22 +05'30'
