Tripura High Court

Rajib Majumder vs The State Of Tripura on 5 March, 2025

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HIGH COURT OF TRIPURA
AGARTALA

WP(C) No.790 of 2023

Rajib Majumder, Age 36 years,
S/o Sri Sudhir Ranjan Majumder,
Resident of village & P.O.- Bijoynagar,
Sub-Division- Sabroom,
District- South Tripura, PIN 799145.
........Petitioner(s)

-Versus-

1. The State of Tripura,
To be represented by the Secretary,
Home Department, Govt. of Tripura,
New Secretariat Building, New Capital Complex,
Kunjaban, Agartala, West Tripura, PIN 799010.

2. The Director, State Forensic Science Laboratory,
Govt. of Tripura, Narsingarh, Agartala, West Tripura.

3. The Secretary, Department of Finance, Govt. of Tripura,
New Secretariat Building, New Capital Complex, Kunjaban,
Agartala, West Tripura, PIN 799010.

........ Respondent(s)
For the Petitioner(s) : Mr. P. Roy Barman, Sr. Advocate.
Mr. S. Bhattacharjee, Advocate.
Mr. Kawsik Nath, Advocate.

For the Respondent(s) : Mr. S.M. Chakraborty, Adv. Gen.
Mr. D. Sarma, Addl. G.A.

Date of hearing and delivery : 5th March, 2025.
of Judgment & Order

Whether fit for reporting : NO.

HON'BLE MR. JUSTICE S. DATTA PURKAYASTHA

JUDGMENT & ORDER (Oral)

Heard Mr. P. Roy Barman, learned senior counsel appearing

for the petitioner and Mr. S.M. Chakraborty, learned Advocate General

assisted by Mr. D. Sarma, learned Addl. G.A. appearing for the State-

respondents.
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2. By an additional affidavit submitted by the petitioner, a copy

of memorandum dated 17.12.2024, issued by the Finance Department,

Govt. of Tripura is placed on record.

3. The case of the petitioner is that initially the petitioner was

appointed as Laboratory Attendant at Tripura State Forensic Science

Laboratory, Narsingarh on fixed pay basis vide memorandum dated

25.01.2011 (Annexure-1 to the writ petition) and during such

appointment he was granted permission vide letter dated 11.02.2013

(Annexure-2 to the writ petition) to apply for the post of Laboratory

Assistant at said Tripura State Forensic Science Laboratory. He

accordingly applied for that post and was also selected and thereafter,

offer of appointment was also issued in his favour vide memorandum

dated 24.06.2013 (Annexure-3 to the writ petition) and since then he is

working there in said post.

4. Now, it is the grievance of the petitioner that his past

service of about 2 years as Laboratory Attendant on fixed pay basis

w.e.f. 21.03.2011 to 30.06.2013, was not taken into consideration for

allowing him regular pay scale on completion of 5 years of service. With

such grievances, the writ petition was filed with the following reliefs:

"(i) Issue Rule upon the Respondents to show cause as to why a writ
in the nature of Mandamus and/or order/orders and/or direction/
directions of like nature shall not be issued whereby directing the
Respondents to give the benefit of regular pay scale to the
Petitioner including the period served by the Petitioner as
Laboratory Attendant (Physical Science) at SFSL, Tripura w.e.f.
21.03.2011 to 30.06.2013 and thereafter in the post of
Laboratory Assistant (Physical Science) w.e.f. 01.07.2013 to till
date with ancillary and consequential, pecuniary and non-
pecuniary benefits.
(ii) Issue Rule upon the Respondents to show cause as to why a writ
in the nature of Mandamus and/or order/orders and/or direction/
directions of like nature shall not be issued whereby directing the
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Respondents to modify the Office Order, dated, 10.12.2018,
issued by the Director, TSFSL, Narsingarh, Tripura, wherein the
Petitioner was granted regular pay scale w.e.f. 01.07.2018,
instead of 21.03.2016.
(iii) Issue Rule upon the Respondents to show cause as to why a writ
in the nature of Mandamus and/or order/orders and/or direction/
directions of like nature shall not be issued whereby quashing
the letter, dated, 30.09.2015, issued by the Under Secretary, to
the Govt. of Tripura, Home Department.
(iv) Make the rules absolute.
(v) Call for records.
(vi) Pass any further order/orders as this Hon‟ble High Court
considered fit and proper."

5. Mr. Roy Barman, learned senior counsel submits that now

recently the State of Tripura, Finance Department has issued another

memorandum dated 17.12.2024 as indicated above and the case of the

present petitioner is also covered by the said notification.

6. Mr. Chakraborty, learned Advocate General also submits

that the matter may be left to the department to consider the case of

the petitioner in terms of above said memorandum dated 17.12.2024.

7. For useful reference, the entire memorandum dated

17.12.2024 is extracted here-in-below:

"GOVERNMENT OF TRIPURA
FINANCE (GENERAL) DEPARTMENT
(ESTABLISHMENT-III)
*****

No.1.10(2)-FIN(G)/2005(P-1)/47 Dated,Agartala, the 17th December, 2024 MEMORANDUM Subject: Providing regular pay scale to employees recruited on fixed pay basis in different posts in same / different departments by keeping regular pay scale post in abeyance.

As per the existing policy vide Finance Department‟s th Memorandum No.F.10(2)-FIN(G)/05/Part-I dated 16 October, 2007, employees who are recruited on fixed pay basis against fixed pay posts created by keeping abeyance regular scale posts and continues to serve for 5 years on fixed pay in the same post without any break in service are allowed for regular pay scale.

2. In partial modification of Finance Department‟s Memorandum No.F.10(2)-FIN(G)/05/Part-I dated 16th October, 2007, the undersigned is directed to inform that the Government of Tripura has taken a policy decision for considering the benefit of regular pay scale to the employees who have served the State Government for cumulative period of 5(five) years as fixed pay posts created on fixed pay basis by keeping regular pay scale post in abeyance in different posts in same or different departments.

3. The above instruction is subject to fulfilment of the following conditions:

i) Employees who have been recruited in all the posts against the fixed pay posts created on fixed pay basis by keeping abeyance the regular scale posts.

ii) Employees should have obtained „No Objection Certificate‟ from concerned department before appearing for the Selection Test for all the subsequent post(s) after first job.

iii) Employees who have joined the present posts without any break in service between two subsequent posts.

4. All Departments are requested to take action immediately for implementation of the same, with the prior concurrence from Finance Department against each of such case.

Sd/-

Under Secretary, Government of Tripura."

8. It is found from the memorandum, at Paragraph No.2 that

the Government has taken a policy decision for providing the benefit of

regular pay scale to the employees who have served the State

Government for a cumulative period of 5(five) years as fixed pay posts

created on fixed pay basis by keeping regular pay scale post in

abeyance in different posts in the same or different departments.

According to the petitioner he was given the appointment in both the

post on fixed pay basis and therefore as per above said memorandum

his service rendered in the previous post is also required to be counted

for the purpose of giving regular pay scale in as much as he fulfills the