Tripura High Court
Shri Radheshyam Debnath vs The State Of Tripura And 3 Ors on 4 July, 2024
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
WP(C) 448 of 2024
Shri Radheshyam Debnath
---Petitioners(s)
Versus
The State of Tripura and 3 Ors.
---Respondent(s)
For Petitioner(s) : Ms. M. Majumder, Advocate.
For Respondent(s) : Mr. Kohinoor N. Bhattacharjee, GA.
Mr. N. Majumder, Advocate.
Date of hearing and date of
judgment and order : 04.07.2024.
Whether fit for reporting : No
HON'BLE MR. JUSTICE T. AMARNATH GOUD
Order
Heard learned counsel for the parties.
[2] This is a petition under Article 226 of the Constitution of India for seeking
the following relief(s):
(i) Admit the instant writ petition.
(ii) Issue rule calling upon the respondent to show cause as to why a writ in the nature of
mandamus or like nature should not be issued upon the respondents to implement the
judgment & order dated 03.07.2023 by extending the benefits of CAS/ACP-II to the
petitioner in the pay scale of Rs.10000-15100/- w.e.f. 06.05.2002 after completion of
17 years of service counting from the date of entry into service and thereafter to
extend the benefit of ACP-III to the petitioner w.e.f. 06.05.2010 after completion of 25
years of service in the pay scale of PB-4 with Grade Pay Rs.6800/- along with arrears
of pay & allowance and thereafter finalise the petitioner's pension and other terminal
benefits like DCRG and communication value of pension, leave salary along with
arrears together with compound interest @ 8% per annum.
(iii) After hearing the parties be pleased to make the rules absolute;
(iv) To pass any other relief/reliefs may be granted as this Hon'ble High Court may deem
fit and proper.
[3] It is the case of the petitioner that as per Government policy ibid in Rule-10
of the TSCS ROP Rules -1999 & ROP 2009 came into force w.e.f. 01.01.1996 and w.e.f.
01.01.2006 respectively. Shri. Radheshyam Debnath, Jr. Engineer, Grade-I, PWD
Department (R & B), the present petitioner of this writ petition after getting gradation in
the pay scale of Rs.2000-4410/- on completion of 4(four) years of service including the
service period of Overseer which was treated as CAS-I under TSCS ROP Rules-1988,
became entitled to CAS-II in the pay scale of Rs. 10000-15100/- w.e.f. 06.05.2002 on
completion of 17(seventeen) years of service under ROP Rules- 1999. Thereafter, he
became entitled to ACP-III in the pay scale of PB- 4(Rs. 15600-39100/-) + G.P Rs. 6800/-
w.e.f. 06.05.2010 under ROP-2009, after completion of 25 (twenty-five) years of total
service counting from the date of entry into service. But the A.G (A & E) Tripura
authorise/ finalise the CAS-II w.e.f 01.01.2006 instead of actual date 06.05.2002 under
ROP-1999 and did not extend the benefit of ACP-III, became entitled w.e.f. 06.05.2010
after completion of 25(twenty-five) years of total service. As such the petitioner preferred
a writ petition under No. W.P.(C) 392 of 2023. On motion stage this Hon'ble High Court,
having heard the counsel appeared for the petitioner, disposed of the petition by passing a
judgement & order dated, 03.07.2023, directing the respondents to consider the case of
the petitioner in the light of the demand notice dated, 20.04.2023 submitted by the
petitioner to the respondents in accordance with law within a period of 3 months from the
date of receipt of copy of this order. But after expiry of stipulated period of 3 months, the
petitioner's case was neither considered by the respondents in accordance with law nor
any writ appeal against this judgement & order dated, 03.07.2023 has been preferred
before the appropriate bench of this Hon'ble High Court. Hence this writ petition.
[4] On perusal of the record, it is seen that a communication dated 21.12.2023
addressed to the Executive Engineer, Sonamura Division PWD (R&B), Sonamura,
Sepahijala Tripura was sent by the Sr. Accounts Officer, office of the Principal
Accountant General (A&E), Tripura in pursuance of the order dated 03.07.2023 passed in
WP(C) 392 of 2023. Later a reminder dated 22.05.2024 was also sent to the Executive
Engineer. But none of the communication has been acted upon by the Executive
Engineer, Sonamura Division PWD (R&B), Sonamura, Sepahijala Tripura till date as
reported by the counsel for the petitioner.
[5] In view of said submission, without expressing any opinion on the merits of
the case, this present writ petition is disposed of directing the respondents to consider the
case of the petitioner in the light of the communications dated 21.12.2023 and 22.05.2024
in accordance with law within a period of two months from the date of receipt of copy of
this order.
[6] With the above observation, the present writ petition stands disposed of. As
a sequel miscellaneous applications pending, if any, shall stand closed.
JUDGE
Dipak
DIPAK DAS DIPAK DAS
Date: 2024.07.05
14:53:59 +05'30'
