Sri Dhananjoy Debbarma vs The State Of Tripura
2026 Latest Caselaw 2543 Tri

Tripura High Court

Sri Dhananjoy Debbarma vs The State Of Tripura on 13 April, 2026

                     HIGH COURT OF TRIPURA
                           AGARTALA
                      WP(C) No.303 of 2025
Sri Dhananjoy Debbarma,
S/o: Late Khirod Debbarma,
Resident of Colonel Bari, near Tribal Collage Hostel,
Krishnanagar, P.O.: Agartala, P.S.: West Agartala,
District: West Tripura, PIN: 799001.
                                                          .....Petitioner(s)
                                  Versus
1. The State of Tripura, represented by the Secretary, PWD
Department, Govt. of Tripura, New Secretariat Building, P.S.: NCC,
P.O.: Secretariat, Agartala, West Tripura, PIN: 799010.
2. The Secretary, Finance Department, Govt. of Tripura, New
Secretariat Building, P.S.: NCC, P.O.: Secretariat, Agartala, West
Tripura, PIN: 799010.
3. The Chief Engineer, PWD (R & B) Department, Govt. of Tripura,
New Secretariat Building, P.S.: NCC, P.O.: Secretariat, Agartala, West
Tripura, PIN: 799010.
4. The Chief Executive Officer, Tripura Tribal Areas Autonomous
District Council (TTAADC), Administrative Building, Khumulwng, P.O. &
P.S.: Radhapur, West Tripura.
                                                        ----Respondent(s)

For Petitioner(s) : Ms. Aradhita Debbarma, Adv. For Respondent(s) : Mr. Karnajit De, Addl. GA Mr. Bhaskar Debbarma, Adv.

Date of hearing         :       07.04.2026
Date of delivery
of Judgment & Order      :      13.04.2026
Whether fit for
reporting                :      YES

              HON'BLE MR. JUSTICE BISWAJIT PALIT
                             Judgment & Order

Heard Learned Counsel, Ms. Aradhita Debbarma appearing

on behalf of the petitioner. Also heard Learned Addl. GA, Mr. Karnajit

De appearing on behalf of the respondents-State and Learned Counsel,

Mr. Bhaskar Debbarma appearing on behalf of the respondent-

TTAADC.

2. The petitioner has filed this writ petition seeking the

following reliefs:

"(i) Issue rule calling upon the respondent to show cause as to why a writ of Certiorari or like nature, shall not be issued for setting aside the impugned communication letter No.F.2(10)/-PWD(GE)/76(Pt-

38)/8804 dated 10th September, 2024 (Annexure-

11);

AND

(ii) Issue rule calling upon the respondents to show cause as to why a writ of mandamus or like nature, shall not be issued directing the respondents to count Past Service of the petitioner from the date of his joining i.e., from 17th March, 1998 as Junior Engineer (Grade-I Civil) under TTAADC to join as Junior Engineer (Civil) (Grade-V of TES), Group-B under the State service for the purpose of pay protection, pension and other retiral benefits;

AND

(iii) To issue any other writ or directions so as to grant complete and adequate relief to the petitioner;

AND

(iv) To pass any other order/orders as Your Honour may think fit and proper for fair ends of justice;

AND For this act of kindness, the petitioner as in duty bound shall every pray."

3. At the time of hearing, Learned Counsel for the petitioner

drawn the attention of this Court that on 17.03.1998, the petitioner

initially joined in service as a Junior Engineer (Grade-I Civil) under

Tripura Tribal Areas Autonomous District Council (for short, TTAADC).

The petitioner, thereafter, applied for "No Objection Certificate" (for

short, NOC) for appearing in the TPSC Examination (Annexure-1 to the

writ petition). Accordingly, the respondent-TTAADC vide office order

dated 18.08.1999 issued NOC in his favour for appearing in the TPSC

Examination. The TPSC published an advertisement dated 01.07.2002

wherein there were 3(three) posts for Civil Engineers and in the

instruction portion of the advertisement it was specifically mentioned

that "the candidates who get employed after submission of application

will have to produce „No-objection‟ certificate from the employers at

the time of interview otherwise they will not be interviewed". The

petitioner qualified the examination conducted by the TPSC and after

that vide office order dated 27.11.2003 (Annexure-3 to the writ

petition) the present petitioner along with others were appointed to

the post of Junior Engineer (Civil Degree Holder) TES Grade-V(A) by

the PWD, Govt. of Tripura. In the said office order, in column No.II it

was specifically mentioned as follows:

"II. These persons (mentioned in I above) are not entitled to pay protection, but the benefit of their past service for the purpose of pension is admissible as per Govt. Rules."

It was further submitted by Learned Counsel for the

petitioner that the petitioner approached to the authority of the PWD

for counting his past service (Annexure-4 to the writ petition). In

reply, the authority of the PWD, by a communication dated 14.06.2023

sought some clarification (Annexure-5 to the writ petition). Thereafter,

on 17.06.2023, the petitioner sent one communication to the Chief

Executive Officer, TTAADC, Khumulwng forwarding the letter of Chief

Engineer, PWD (R & B) seeking some clarification in respect of

counting of his past service (Annexure 6 to the writ petition). The

Executive Engineer, TTAADC, Khumulwng by letter dated 06.07.2023

forwarded the relevant documents of the petitioner.

Learned Counsel for the petitioner further submitted that

the Addl. Chief Executive Engineer, TTAADC, Khumulwng by a

certificate dated 03.07.2023 (Annexure-8 to the writ petition)

specifically mentioned that the petitioner continued his service as

Junior Engineer, (Grade-I Civil) and he would have been eligible for

confirmation in his service in the post of Grade-I (Civil) in the PWD (R

& B), TTAADC since 17.03.1998 to 11.12.2003. After that, the Deputy

Secretary, PWD by a communication dated 18.09.2023 further sought

clarification from the TTAADC (Annexure-9 to the writ petition) and in

reply to that the Addl. Chief Executive Officer by a communication

dated 27.09.2023 confirmed the Deputy Secretary, PWD that the

Service Confirmation Certificate issued by the TTAADC was genuine.

Thereafter, by another communication dated 27.12.2023, the Addl.

Chief Executive Officer, TTAADC, Khumulwng had sent another

communication to the Deputy Secretary, PWD regarding service

confirmation of the petitioner and by communication dated 14.05.2024

(Annexure-10 to the writ petition) it was informed by Addl. Chief

Executive Officer, TTAADC, Khumulwng to Deputy Secretary, PWD that

the TTAADC is the administrative department for awarding pensionary

benefits to its own employees since 1996. Finally, the Deputy

Secretary, PWD by a communication dated 10.09.2024 (Annexure-11

to the writ petition), most arbitrarily informed the petitioner that his

proposal for counting of past service has been regretted by the Finance

Department, which compelled the petitioner to file the present writ

petition.

It was further submitted by Learned Counsel for the

petitioner that the Department has considered counting of past

services of similarly situated employees namely, Smt. Gouri Rani

Barman, TES, Grade-IV(Civil) (Annexure-12 to the writ petition) and

Shri Prabal Das, TES, Grade-III(Civil) (Annexure-13 to the writ

petition) who were appointed by the same notification of the PWD.

Learned Counsel for the petitioner further submitted that admittedly,

the petitioner did not submit any technical resignation in writing but,

the acceptance of his appointment and his release by the TTAADC

would amount to a technical resignation on his behalf, thereby

enabling the Department to count his past service. However, the

Department has arbitrarily refused his candidature without any cogent

grounds.

4. The respondents-State contested the case by filing written

counter affidavit. In para Nos.4 to 9 of the counter affidavit, they took

the following pleas:

4.That, the petitioner applied for the post of Junior Engineer (Civil), TES Grade-V(A) [Degree Holder] in the pay scale of Rs.7450-13,000/- in light of TSCS(RP) Rules, 1999 under Public Works Department, Government of Tripura against the TPSC Advertisement No. 5(A)/2002 dated 01/07/2002. Upon selection by the Tripura Public Service Commission, the Petitioner was offered to join Public Works Department, Government of Tripura in the post of Junior Engineer, Civil, TES Grade-V(A) [Degree holder] in the pay scale of Rs.7450-13,000/- in light of TSCS(RP) Rules, 1999 vide Office Order No.F.6(22)-

PWD(E)/2003 dated 27/11/2003 (Annexure-3 to the Writ Petition) subject to the following conditions that-

1. "The Persons who have been serving as Ex-

cadre, Jr. Engineer/Jr. Overseer are required to resign from their present post before joining the post to which now being appointed. No joining report will be accepted without release order.

2. These persons (mentioned in 1 above) are not entitled to pay protection, but the benefit of their past service for the purpose of pension is admissible as per Govt. Rules".

Further, it is pertinent to mention here that, prior to joining the Public Works Department the Petitioner by a letter dated 05/12/2003 asked the Competent Authority of T.T.A.A.D.C to release him from his present consignment to join as Junior Engineer, Civil, TES Grade-V(A) under Public Works Department. Accordingly, the Executive Officer (Admn.) T.T.A.A.D.C by a Release Order No.F.7- 4(573)/ADC/ESTT/96/18,285-300 dated 11/12/2003 released him from the control of T.T.A.A.D.C on 12/12/2003 (Afternoon) with a direction to join at new place of posting under the Public Works Department, Government of Tripura.

Copy of the letter dated 05/12/2003 of the is annexed hereto and marked as Annexure-R/3.

Copy of the Order No.F.7-4(573)/ADC/ESTT/96/18,285- 300 dated 11/12/2003 of the Executive Officer (Admn.) T.T.A.A.D.C is annexed hereto and marked as Annexure- R/4.

5. That, while switching over the service from the post of Junior Engineer, Grade-I under T.T.A.A.D.C to the post of Junior Engineer, TES Grade-V(A) [Degree Holder] under Public Works Department, Government of Tripura, the petitioner didn't tender 'TECHNICAL RESIGNATION' which is a prerequisite criteria to ensuring pay protection as well as counting of the past service for the pension & pensionary benefits as claimed by the petitioner. Because, as per the Ministry of Finance OM No.3379-E.III(B)/65

dated 17/06/1965, the Resignation is treated as a Technical formality where a Government servant has applied through proper channel for a post in the same or some other Department, and is on selection, required to resign from the previous post for administrative reasons.

It is pertinent to mention here that the Clause-I & Clause- II under Terms & Conditions mentioned against the Office Order No.F.6(22)-PWD(E)/2003 dated 27/11/2003 (Annexure-3 to the Writ Petition) shall not be applicable to the Petitioner as the Petitioner didn't serve as an Ex-Cadre Jr. Engineer/ Ex-Cadre Jr. Overseer under Public Works Department prior to joining PWD on selection through TPSC.

Thus from the above discussion it can be concluded that, neither the Petitioner tendered any Technical Resignation while switching over the service from the post of Junior Engineer, Grade-I under T.T.A.A.D.C to the post of Junior Engineer, TES Grade-V(A) [Degree Holder) under Public Works Department, Government of Tripura nor served as an Ex. Cadre Junior Engineer under PWD prior to joining the regular post of the Junior Engineer, Civil, TES Grade- V(A) under PWD on selection through TPSC for which question of ensuring pay protection as well as counting the past service for the purpose of pension & pensionary benefits doesn't arise.

6. That, with regard to para 8 and 9, I say that, Shri Prabal Das had joined PWD by an Office Order No.F.6(22)- PWD(E)/2003 dated 27/11/2003 (Annexure-3 to the Writ Petition) in the post of Junior Engineer, TES Grade-V(A), Civil upon getting selected through T.P.S.C. Accordingly, he joined PWD on 01/12/2003 being a Junior Engineer, Civil, TES Grade-V(A) & continued in the same post till 03/03/2014. Thereafter, Shri Prabal Das had applied through proper channel for the post of Assistant Engineer, Civil, TES Grade-IV [Degree Holder], by Direct Recruitment through TPSC against the Advertisement No.12/2010. Upon getting selected by the TPSC for the post of Assistant Engineer, Civil, TES Grade-IV [Degree Holder], Shri Prabal Das had tendered Resignation from the post of Junior Engineer, Civil, TES Grade-V(A) [Degree Holder] & thereafter he was offered to join in the post of Assistant Engineer, Civil, TES Grade-IV [Degree Holder] vide Notification No.F.6(35)-PWD(GE)/2009(S) dated 17/02/2014.

It is pertinent to be mentioned here that, as per terms & condition laid down in Notification No.F.6(35)- PWD(GE)/2009(S) dated 17/02/2014, it is clearly mentioned at Para No. 2(ii) & (iii) that "The appointee shall have to submit discharge certificate and Employment Exchange Card (Both in Original). Employment Exchange Card, if already submitted to the present employer, a confirmation to that extent from the employer concern shall have to be furnished alongwith joining report.

All head of Offices are requested not to accept the joining report without production of above mentioned certificates

except Sl. No.-25 who have already submitted Employment Exchange Cards. The Discharge Certificate/ Employment Exchange Card in Original may be forwarded to the Office of the Chief Engineer PWD(R&B) immediately on receipt of the same from the appointees".

In the case Shri Prabal Das resigned from his earlier assignment i.e., Junior Engineer, (Civil), TES Grade-V(A) in the Public Works Department, Government of Tripura & accordingly he was discharged from the post of Junior Engineer, (Civil), TES Grade-V(A) & thereafter upon submission of discharge certificate (release order) he joined in the post of Assistant Engineer, Civil, TES Grade- IV [Degree Holder] on 04/03/2025 (forenoon) in Public Works Department, Government of Tripura.

Copy of the Notification No.F.6(35)-PWD(GE)/2009(S) dated 17/02/2014 is annexed hereto and marked as Annexure-R/5.

7. That, as per Rule 14 of Central Civil Services (Pension) Rules, 1972 as adopted in the State of Tripura the Condition for qualifying Service is described as follows:-

"(1) The Service of a Government servant shall not qualify unless his duties and pay are regulated by the Government, or under conditions determined by the Government.

(2) For the purpose of sub-rule (1), the expression "service" means service under the Government and paid by that Government from the consolidated fund of the State of Tripura or a local Fund administered by the Government but does not include service in a non-pensionable establishment unless such service is treated a qualifying service by the Government of Tripura.

(3) In the case of Government servant belonging to Central Government or other State Government, who is permanently transferred to a service or post to which these rules apply, the continuous service rendered under the Central Government or the State Government in an officiating or temporary capacity, if any, followed without interruption by substantive appointment, or the continuous service rendered under that Government in an officiating or temporary capacity, as the case may be, shall qualify:

Provided that nothing contained in this sub-rule shall apply to any such Government servant who is appointed otherwise that by deputation to a service or post to which these rules apply".

Further, as per Rule 15 of Central Civil Services (Pension) Rules, 1972 as adopted in the State of Tripura it is stated that Service on probation against a post if followed by confirmation in the same or another post shall qualify.

Further, as per Office Memorandum No.F.12(1)-GA/83 dated 21/08/1989, the Government of Tripura has adopted the procedure for service confirmation,

promotion, seniority, lien etc. for the employees of the State Government of Tripura as outlined in the Government of India, Ministry of Personnel Grievances and Pension circulated vide Office Memorandum No. 18011/1/86-Estt(D) 28/03/1988. And, according to above Memo. General Condition of Service confirmation is stated as below:-

(I) Confirmation will be made only once in the service of an official which will be in the entry grade.

(II) Confirmation is delinked from the availability of permanent vacancy in the grade. In other words, an officer who has successfully completed the probation may be considered for confirmation.

8. That, Shri Prabal Das has successfully completed the probationary period of service in the entry grade i.e., TES Grade-V(A). Upon completion of probation period Shri Prabal Das, Executive Engineer, Civil, TES Grade-III, [Degree Holder] become eligible for confirmation of service which was rendered by him in the post of Junior Engineer, Civil, TES Grade-V(A), [Degree Holder] in the Public Works Department w.e.f 01/12/2003(forenoon) after taking concurrence from the Government. Thereafter, Department vide Notification No.F.2(10)-PWD(E)/76(Pt-

28)/16912-17 dated 30/01/2024 (Annexure-13 to the Writ Petition) counted the past service of Shri Prabal Das, Executive Engineer, Civil, TES Grade-III, [Degree Holder] w.e.f 01/12/2003 to 03/03/2014 for the purpose of pension & pensionary benefit.

On the other hand, one Smt. Gouri Rani Barman, Junior Engineer, Grade-I (Civil) who was working in the Agriculture Department, Government of Tripura applied through proper channel for the post of Assistant Engineer, Civil,TES Grade-IV [Degree Holder], by Direct Recruitment through TPSC against the Advertisement No.12/2010. Upon selected by the TPSC for the post of Assistant Engineer, Civil, TES Grade-IV[Degree Holder], Smt. Gouri Rani Barman had applied for Discharge Certificate on 12/08/2008 from her the then employer i.e., the Director, Agriculture Department, Government of Tripura from the post of Junior Engineer, Grade-I, Civil & thereafter she was offered to join in the post of Assistant Engineer, Civil, TES Grade-IV [Degree Holder] by Notification No.F.6(35)- PWD(E)/92 dated 10/12/2008. She joined in the post of Assistant Engineer, Civil, TES Grade-IV [Degree Holder] on 31/12/2008 (forenoon).

9. That, as per terms & condition laid down in the Notification No.F.6(35)-PWD(E)/92 dated 10/12/2008, it is clearly mentioned at Para No. 2(i) & 3 that "The appointee shall have to submit discharge certificate and Employment Exchange Card, if already submitted to the present employer, a confirmation to that extent from the employer concern shall have to be furnished along with joining report.