Sri Rupak Saha vs The State Of Tripura & Others
2024 Latest Caselaw 1510 Tri

Tripura High Court

Sri Rupak Saha vs The State Of Tripura & Others on 9 September, 2024

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                       HIGH COURT OF TRIPURA
                             AGARTALA
                 IA No.03/2024 in WA No.162 of 2022(D/O)
Sri Rupak Saha
                                                     .........Applicant(s);
                                   Versus
The State of Tripura & others
                                                    .........Respondent(s).

IA No.03/2024 in WA No.163 of 2022(D/O) Sri Swapan Das & others .........Applicant(s);

Versus The State of Tripura & others .........Respondent(s).

IA No.03/2024 in WA No.164 of 2022(D/O) Sri Dibyajyoti Bhaumik & others .........Applicant(s);

Versus The State of Tripura & others .........Respondent(s).

IA No.03/2024 in WA No.165 of 2022(D/O) Surath Kumar Debbarma & others .........Applicant(s);

Versus The State of Tripura & others .........Respondent(s).

IA No.03/2024 in WA No.167 of 2022(D/O) Sri Uttam Kumar Das & others .........Applicant(s);

Versus The State of Tripura & others .........Respondent(s).

IA No.03/2024 in WA No.172 of 2022(D/O) Smt. Minakshi Deb & others .........Applicant(s);

Versus The State of Tripura & others .........Respondent(s).

IA No.04/2024 in WA No.173 of 2022(D/O) Sri Dipu Debbarma .........Applicant(s);

Versus The State of Tripura & others .........Respondent(s).

IA No.04/2024 in WA No.176 of 2022(D/O) Biplab Kuri & others .........Applicant(s);

Versus The State of Tripura & others .........Respondent(s).

For Applicant(s) : Mr. P. Roy Barman, Sr. Advocate, Mr. Samarjit Bhattacharjee, Advocate, Ms. A. Debbarma, Advocate.

For Respondent(s) : Mr. S.S. Dey, Advocate General, Ms. A. Chakraborty, Advocate.

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH HON'BLE MR. JUSTICE S.D. PURKAYASTHA

Order 09/09/2024 These interlocutory applications have been filed by the petitioners

in connection with the writ appeals disposed of by common judgment & order

dated 09.01.2024, seeking clarification in the said judgment & order passed by

this Court. Apparently, after consideration of the cases of the present petitioners

the claim for counting of past service has been rejected inter alia on certain

grounds by the respondent in pursuance of the direction of this Court.

Mr. P. Roy Barman, learned senior counsel for the

applicants/petitioners, submits that respondents have misinterpreted the import

of the directions passed by this Court.

Learned Advocate General submits that cases of individual

petitioners have been duly considered on merits in the light of the directions

passed by this Court in the judgment & order dated 09.01.2024 and rejected on

valid grounds. Therefore, there is no scope for clarification of the order.

Petitioners may have appropriate remedy against the rejection order in a

separate proceeding.

We are also of the considered view that after the cases of

individual petitioners have been considered on merits in compliance of the

common judgment & order dated 09.01.2024 passed in WA No.304/2021 and

other analogous writ appeals, the prayer of the petitioners herein for

clarification of the said judgment & order does not arise. If the petitioners are

aggrieved by the rejection order in their individual cases, they have remedy in

an appropriate proceeding. Therefore, these interlocutory applications are

dismissed. Petitioners are at liberty to raise their grievances in appropriate

proceedings as is permissible in law.

Pending application(s), if any, shall stand disposed of.

(S.D. PURKAYASTHA), J (APARESH KUMAR SINGH), CJ

Pijush/ MUNNA SAHA Digitally signed by MUNNA SAHA Date: 2024.09.11 16:32:04 +05'30'