Tripura High Court
The State Of Tripura vs Sri Biplab Kanti Sukla Baidya on 31 October, 2025
Page 1 of 4
HIGH COURT OF TRIPURA
AGARTALA
WA No.78 of 2025
1. The State of Tripura, represented by the Secretary & Commissioner to the
Government of Tripura, Department of Finance, having his office at New
Secretariat Complex, Gorkhabasti, Agartala, PO-Kunjaban, PS-New
Capital Complex, Sub-Division-Sadar, District-West Tripura.
2. The Commissioner & Secretary, Department of Home, Government of
Tripura, having his office at New Secretariat Complex, Gorkhabasti,
Agartala, PO-Kunjaban, PS-New Capital Complex, Sub-Division-Sadar,
District-West Tripura.
3. The Director General of Police, Government of Tripura, having his office
at Police Headquarters, PO-Agartala, PS-West Agartala, Sub-Division-
Agartala, West Tripura.
4. The Superintendent of Police (Radio), Govt. of Tripura, Tripura, Agartala.
5. The Superintendent of Police, Govt. of Tripura, North Tripura,
Dharmanagar.
.........Appellant(s);
Versus
Sri Biplab Kanti Sukla Baidya, S/o-Late Jogendra Chandra Sukla Baidya,
Resident of Sarat Palli, Dharmanagar, P.O. & P.S.-Dharmanagar, Dist.- North
Tripura, Pin-799250.
.........Respondent(s);
For Appellant(s) : Mr. Dipankar Sarma, Addl. G.A.
For Respondent(s) : Mrs. Sujata Deb (Gupta), Advocate,
Mr. Ramprasad Gope, Advocate.
HON'BLE THE CHIEF JUSTICE MR. M.S. RAMACHANDRA RAO
HON'BLE MR. JUSTICE S. DATTA PURKAYASTHA
ORDER
31/10/2025
This writ appeal is preferred by the appellants challenging the
judgment of the learned Single Judge dt.18.03.2025 in WP(C) No.257 of
2024.
2. The respondent in the Writ Petition had entered into the service
(under the appellants) as a Constable in the year 1987.
3. The Tripura State Civil Services (Revised Pay) Rules, 1999 (for
short, ROP Rules, 1999) were enacted, providing for grant of higher pay scale
to an employee who does not get promotion due to stagnation by way of
giving the benefit of Career Advancement Scheme (for short, CAS).
4. Rule 10(a) & (b) of the ROP Rules, 1999 states as under:
"(a) The employees entering by direct recruitment in scale
no. 1 as per statement at Annexure - A or corresponding scale
earlier will have 3 scale advancement at the end of 10, 7 and 7
years of continuous and satisfactory service in the scale 1,2 & 3 to
the scale 2, 3 and 4 respectively unless they get promoted to a post
of higher scale before the period at each stage.
(b) The employees entering by direct recruitment in the
existing scales no. 4 to 10 or revised scale no. 5 to 11 or
corresponding earlier scale will have 2 scale advancement in next
higher scales as per table in Annexure 'A' at the end of 10 and 7
years of continuous & satisfactory service in the entry scale and
higher scale of promotion/gradation or advancement respectively,
as the case may be, to the higher scales unless they get promoted to
higher scale before the prescribed period at each stage."
5. Thus CAS-I will be provided after completion of 10(ten) years of
service, if no promotion was given to an employee.
6. CAS-II will be provided after next 7(seven) years and CAS-III
will be provided after completion of another 7(seven) years.
7. In the instant case, the respondent was working in the Radio
Organization of the Police Force and did not get any promotion by 1997 when
he competed 10(ten) years of service. But he was not given the benefit of
CAS-I under which he would get the same pay scale as that of the promotional
pay scale of Head Constable which was Rs.3300-7100/-.
8. Thereafter, in 2001, the respondent was promoted to the post of
ASI in the pay scale of Rs.4000-7890/- which has to be treated as the second
consumption of CAS.
9. In January 2006, in replacement of existing CAS, the State introduced
the Tripura State Civil Services (Revised Pay) Rules, 1999 amendment,
pursuant to which on completion of 25 years in service without the next
promotion, ACP-III was to be given to an employee.
10. The respondent completed 25 years of service on 22.11.2012
without the next promotion and he retired.
11. The learned Single Judge, therefore, rightly held that the
respondent is entitled notionally to the benefit of CAS-I on completion of 10
years and ACP-III in the pay scale of Rs.4200-8650/- corresponding pay scale
of Rs.5700-24000/- with GP of Rs.2800/- with effect from 21.11.2012. The
learned Single Judge directed the appellants to re-fix the pension of the
respondent in terms of the above directions and directed completion of the
entire exercise within a period of 6(six) months.
12. Counsel for the appellants contended that the respondent had
been appointed as a constable on 22.11.1987 and was given a pay scale of
Rs.3200-6030/- with effect from 01.11.1996. But why the benefit of Rule 10
on completion of 10(ten) years of service, when he was entitled to CAS-I in
the higher scale of Head Constable, is to be denied to him is not explained by
the appellants. The appellants cannot ignore Rule 10 of the ROP Rules, 1999,
framed by them, and deny the said benefit of ACP-I of CAS-I in the pay scale
of Rs.3300-7100/- to the respondent.
13. The appellants admit that the respondent was promoted to the
rank of Wireless Operator (ASI) on 16.11.2001 in the scale of pay of Rs.4000-
7890/-, and also do not deny that no other promotion was granted to the
respondent by 22.11.2012 when he completed 25 years of service. No valid
reason is assigned why, as per the January 2006 amendment, the respondent
cannot be given the benefit of ACP-III. The learned Single Judge, in our
considered opinion, has rightly granted relief to the respondent and allowed
the said benefits on notional basis.
14. Therefore, we do not find any merit in the instant appeal.
Accordingly, the instant appeal is dismissed. Pending application(s), if any,
shall stand disposed of.
(S. DATTA PURKAYASTHA, J) (M.S. RAMACHANDRA RAO, CJ)
Munna MUNNA SAHA Digitally signed by MUNNA SAHA
Date: 2025.11.01 14:19:25 +05'30'
