Ms. A. Chakraborti vs Mr. S. M. Chakraborty
2025 Latest Caselaw 1355 Tri

Tripura High Court

Ms. A. Chakraborti vs Mr. S. M. Chakraborty on 17 November, 2025

Author: T. Amarnath Goud

Bench: T. Amarnath Goud

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                                                  HIGH COURT OF TRIPURA
                                                    _A_G_A_R_T_A_L_A_
                                                         WP(C) No.476 of 2024
For Petitioner(s)                                 :   Ms. A. Chakraborti, Advocate.
For Respondent(s)                                 :   Mr. S. M. Chakraborty, A.G.

Mr. M. Debbarma, Addl. G.A.

HON'BLE JUSTICE DR. T. AMARNATH GOUD _O_ R_ D_ E_ R_ 17.11.2025 When the case is called, both sides present.

Learned counsel Ms. A. Chakraborty appearing for the petitioner has placed reliance ROP Rules, 2009-2017 and also on Rule-14 regarding stepping up of pay and contended that the petitioner is entitled for stepping up and the same was not considered. More so, his junior Mr. Santosh Pal was getting higher pay despite there being a specific direction of this Court passed in WP(C) No. 466 of 2022 directing the respondents to consider the case of the petitioner in accordance with law and to maintain parity on par with Mr. Santosh Pal junior to the petitioner. But, the same has not been followed and in their counter affidavit which they have filed is regarding certain finance department memorandum, which is unjust and improper. Since the departmental guidelines cannot have overriding effect to the statute she placed her reliance on some judgments of the Hon'ble Apex Court reported in Union of India and Others v. C.R.Madhavan Murthy and Another, reported in (2022) 6 SCC 183 and Ashok Ram Parhad and Others v. State of Maharashtra and Others, reported in (2023) 18 SCC 768.

Since the learned Addl. G.A. is unable to plead any reliance on the statute that how the petitioner is not entitled for the said relief is only harping upon the finance department memorandum dated 2019 which is referred to in the counter affidavit.

It is settled principle of law that no departmental instruction or guidelines can have the overriding effect on the statute. However, to give another opportunity to the respondents to place any documents on record in the form of affidavit to say that the order which is passed by the respondents was in accordance with law.

Let the matter be listed on 01.12.2025 for hearing and also for filing additional affidavit, if any.

DR.T. Amarnath Goud, J

A. Ghosh ANJAN GHOSH Digitally signed by ANJAN GHOSH Date: 2025.11.20 16:49:30 +05'30'