Tripura High Court
Smt. Gita Rani Banik vs The State Of Tripura And Ors on 9 January, 2025
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 3
HIGH COURT OF TRIPURA
AGARTALA
WP(C) NO.603 OF 2024
Smt. Gita Rani Banik
......Petitioner(s)
Versus
The State of Tripura and ors.
.......Respondent(s)
For the Petitioner(s) : Mr. A. Bhaumik, Advocate.
For the Respondent(s) : Mr. M. Debbarma, Addl. G.A.
Mr. N. Majumder, Advocate.
Date of hearing and delivery of
Judgment & Order : 09.01.2025
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)
This present writ petition has been filed under
Article 226 of the Constitution of India seeking the following
reliefs:-
"1. Issue notice upon the Respondents,
2. Call for the records,
3. (a) Issue Rule calling upon the Respondents to
show cause as to why the last basic pay of the Petitioner shall
not be determined upon deduction of the one increment
extended in favour of the Petitioner vide Office Order No. 187
dated 21.11.2009 issued pursuant to clarification at point no. 3
of the Memo dated 14.09.2009 issued by the Finance
Department, Govt. of Tripura as per the judgment and order
dated 11.07.2019 passed in W.P (C) No. 50 of 2019 as upheld
by the judgment and order dated 25.11.2022 passed in W.A No.
37 of 2020.
AND
(b) Issue Rule calling upon the Respondents to show
cause as to why the last basic pay of the Petitioner shall not be
determined considering that the Petitioner has been extended
with the benefit of ACP II and ACP III on 13.02.2009 and
13.02.2017 respectively.
AND
(c) Issue Rule calling upon the Respondents to show
cause as to why the pensionary benefits and other retiral
benefits including the 25% death cum retirement gratuity and
the arrears thereof shall not be released in favour of the
Petitioner upon determination of the last basic pay of the
Petitioner in terms of the prayers (a) and (b) above.
AND
(d) Issue Rule calling upon the Respondents to show
cause as to why the letter dated 6th December, 2022 and the
Pension Payment Order bearing no. PEN-
2/AGARTALA/1/1022044152/17/P/22/10/6004259 1 dated
30.01.2023 issued by the Respondent No. 5 & 6 erroneously
determining the last basic pay of the Petitioner as Rs. 53,800
and releasing the pension and other retiral benefits on the said
erroneous determination of last basic pay shall not be set aside
and quashed.
IV. And after hearing the parties be pleased to make
the rule absolute.
AND/OR
Pass any other order/orders as deemed fit and proper."
2. Mr. A. Bhaumik, learned counsel appears on behalf of the
petitioner as well as Mr. M. Debbarma, learned Addl. G.A. appears
for the State-respondent and Mr. N. Majumder, learned counsel
appears for respondents No.5 and 6.
3. When the case is called, it is represented by both sides
that the subject matter involved in this present writ petition is
already covered by the Judgments of this Court dated 11.07.2019
and 25.11.2022 passed in WP(C) No. 50 of 2019 and WA No. 37 of
2020 respectively. In pursuance of the same, the respondents shall
make refixation of the pay, and, in terms of the orders, the excess
amount already paid shall not be recovered. Considering the said
submission, this present writ petition is accordingly disposed of as
covered by Judgments of this Court passed in WP(C) No. 50 of 2019
and WA No. 37 of 2020.
In view of the same, the impugned order is set aside,
and the respondents shall take steps accordingly.
4. As a sequel, stay if any stands vacated. Pending
application(s), if any also stands closed.
JUDGE
suhanjit
RAJKUMAR RAJKUMAR SUHANJIT
SUHANJIT SINGHA
Date: 2025.01.10
SINGHA 11:12:23 +05'30'
