Tripura High Court
Sri Tejaram Khareshya vs State Of Tripura And Others on 23 April, 2025
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 3
HIGH COURT OF TRIPURA
AGARTALA
WP(C) 343 of 2024
Sri Tejaram Khareshya
......Petitioner(s)
Versus
State of Tripura and others
.......Respondent(s)
For the Petitioner(s) : Mr. Somik Deb, Sr. Advocate
Mr. Saptarshi Majumder, Adv.
Mr. Pranabindu Chakraborty, Adv.
Ms. Adwitiya Chakraborti, Adv.
For the Respondent(s) : Mr.Kohinoor N. Bhattacharya,G.A.
Mr. D. Sarma, Addl. G.A.
Mr. Sagar Banik, Advocate
Mr. Saugat Datta, Advocate
Mr. Samar Das, Advocate
Date of hearing and delivery
of Judgment & order : 23.04.2025.
Whether fit for reporting : No __
HON'BLE MR. JUSTICE T. AMARNATH GOUD
J U D G M E N T & O R D E R(ORAL)
Heard learned counsel for the respective parties.
[2] This present petition is filed under Article 226 of the
Constitution of India seeking following reliefs:
"i) Issue Rule, calling upon the respondents and each one of them,
to show cause as to why a Writ of Certiorari and/or in the nature
thereof, shall not be issued, for directing them, to transmit the
records, appertaining to this writ petition, lying with them, for
rendering substantive and conscionable justice to the petitioner,
for quasining/setting aside the impugned Table of Arrears
(Annexure-11 supra);
ii) Issue Rule, calling upon the respondents and each one of them,
to show cause as to why a Writ of Mandamus and/or in the nature
thereof, shall not be issued, for mandating/directing them, to
revoke/rescind the impugned Table of Arrears (Annexure-11
supra), thereby mandating/ directing them to forthwith grant the
arrears of salary & allowances, payable to the petitioner, by
stepping up his pay, at par with the pro-forma respondent Nos. 7
& 8;
iii. Call for the records appertaining to this writ petition;
iv) After hearing the parties, be pleased to make the Rule Absolute
in terms ofi. & ii above............"
[3] It is seen from record that on 7th August 2023 the Asstt.
Inspector General of Police (Crime) for Director General of Police,
Tripura made a communication to the Commandant, 2nd Bn. TSR,
R.K. Nagar, Tripura transmitting copy of judgment & order of this
Court dated 25.04.2023 passed in case No. WA 116 of 2022. In the
said communication, request was made to take necessary action to
comply the directions contained in the aforesaid judgment & order
dated 25.04.2023 of this Court.
[4] In view of the above, without going into the merits of the
case this Court is directs the respondents that the aforesaid inter-
departmental communication dated 7th August 2023 be attended if
the same is not attended and any decision taken in pursuance
thereof be communicated to the petitioner as expeditiously as
possible preferably within one month from the date of receipt of the
copy of this order. In the event, if the petitioner feels it necessary,
he will be at liberty to approach the concerned respondent/
department alongwith all the materials in his favour and the same
would be considered by the respondents. However, it is made clear
that, in that case, all the exercise shall be completed within one
month from the date of receipt of such information/documents from
the petitioner by the respondents. It is made clear that on receipt of
the decision/reply from the end of respondents, the petitioner will
be at liberty to challenge the same in accordance with law and the
principle of res judicata would not apply to the case of the
petitioner.
With the above observation, the instant petition is
disposed of. As a sequel, miscellaneous application(s), pending if
any, shall also stand closed.
T. AMARNATH GOUD, J
Sabyasachi G.
SABYASACHI GHOSH Digitally signed by SABYASACHI GHOSH
Date: 2025.04.25 11:19:30 +05'30'
