Rajib Ray vs The State Of Tripura & Others
2025 Latest Caselaw 571 Tri

Tripura High Court

Rajib Ray vs The State Of Tripura & Others on 18 February, 2025

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                        HIGH COURT OF TRIPURA
                              AGARTALA
                     IA No.01/2025 in WA No.09 of 2025
Rajib Ray
                                                   .........Applicant/Appellant(s);
                                     Versus
The State of Tripura & others
                                                      .........Respondent(s).

For Applicant/Applicant(s) : Mr. Purusuttam Roy Barman, Sr. Advocate, Mr. Koomar Chakraborty, Advocate.

For Respondent(s) : Mr. Mangal Debbarma, Addl. G.A. HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH HON'BLE MR. JUSTICE S.D. PURKAYASTHA

Order 18/02/2025

Petitioner is in appeal against that part of the impugned judgment

whereby the learned Writ Court has held that on grant of promotion with

retrospective effect from the dates on which his other juniors have been

promoted, his salary and allowances would be refixed notionally with no

arrears.

It is submitted that the learned Writ Court commented upon the

non-communication of the below benchmark ACRs of the writ petitioner for

the year 2017-18, 2018-19 & 2019-20. It is further submitted that the learned

Writ Court also found the grading of the writ petitioner below the benchmark

"Very Good" as not in conformity with the entries/endorsements made in the

ACR on other sub-heads. The learned Writ Court was persuaded by the

judgment rendered by the Apex Court in the case of Union of India & others v.

G.R. Meghwal reported in AIR 2022 SC 4661, but it has erroneously held that

petitioner would only be entitled to notional benefits from the retrospective date

when his juniors were promoted since the mistake was on the part of the

administration. He also places reliance upon the case of Union of India &

others v. Rejinder Singh Rawat reported in (1999)9 SCC 173.

The appeal suffers from a delay of 148 days for condonation of

which IA No.01/2025 has been preferred.

Notice.

Since the State respondents No.1 to 6 are represented by Mr.

Mangal Debbarma, learned Additional Government Advocate, notice is waived.

Issue notice on respondents No.7 to 9 on the delay condonation

application (IA No.01/2025) as well as in the main memo of appeal (WA

No.09/2025) under ordinary process and speed post for which requisites be

filed within one week.

Notice is made returnable on 24.03.2025.

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

Pijush/ MUNNA SAHA Digitally signed by MUNNA SAHA Date: 2025.02.19 16:09:32 +05'30'