[Cites 1, Cited by 0]
Tripura High Court
Sri Kartik Debbarma vs The State Of Tripura on 9 February, 2026
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 6
HIGH COURT OF TRIPURA
AGARTALA
WP(C) 515/2025
1. Sri Kartik Debbarma, son of late Shib Kumar Debbarma,
resident of Mainama, P.O. Mainama,-799275, District- Dhalai,
Tripura.
2. Sri Hiralal Debbarma, son of Sri Phani Chandra Debbarma,
resident of Chandrai Chara, P.O. Ambassa,-799289, District-
Dhalai, Tripura.
3. Sri Romeo Thomas Debbarma, son of Sri Jyotilal
Debbarma, resident of Ujan Abhoynagar, P.O. Abhoynagar-
799005, Agartala, District- West Tripura.
..... PETITIONERS
Versus
1. The State of Tripura, represented by the Secretary,
Industries & Commerce, Government of Tripura, Secretariat-
799010, New Capital Complex, Agartala, West Tripura.
2. The Secretary, Finance, Government of Tripura,
Secretariat-799010, New Capital Complex, Agartala, West
Tripura.
3. The Director, Industries & Commerce, Government of
Tripura, Shilpa Udyog Bhavan, Khejurbagan, Agartala, Pin-
799006.
4. The Additional Director, Industries & Commerce,
Government of Tripura, Shilpa Udyog Bhavan, Khejurbagan,
Agartala, Pin-799006.
5. Md. Salauddin Kazi, Sr. Instructor, ITI, Kamalpur, under
the Department of Industries & Commerce, Government of
Tripura, District-Dhalai, Pin-799286.
6. Sri Arun Kumar Dey, Sr. Instructor, ITI, Kailasahar, under
the Department of Industries & Commerce, Government of
Tripura, District-Unakoti, Pin-799277.
---Respondent(s)
For Petitioner(s) : Dr. ML Roy, Advocate
For Respondent(s) : Mr. K. De, Addl. GA
Date of hearing & delivery
of judgment : 09.02.2026
Whether fit for reporting : Yes / No
BEFORE
HON'BLE JUSTICE DR. T. AMARNATH GOUD
Judgment & Order (Oral)
Heard Dr. ML Roy, learned counsel appearing for the
petitioners as well as Mr. K. De, learned Additional GA appearing
for the State-respondents.
2. By means of filing this writ petition, the petitioners have
prayed for the following reliefs:
"i) Admit the Petition,
ii) Call for the records,
iii) Issue Writ in the nature of directing the Respondents to show
cause as to why the Memorandum dated 29.02.2024 (Annexure 17) issued by
the Respondent No.3 should not be declared unjustified and result of non-
application of mind.
iv) Issue Writ in the nature of Mandamus calling up the Respondents
to show cause as to why the pay anomaly of the Petitioners with the
Respondent No.5 and 6 should not be removed and pay of the petitioners be
not refixed at least at par with that of Respondent No. 5 and 6;
v) Pass any further order/orders as this Hon'ble High Court consider
fit and proper."
3. The facts of the case, lies in a narrow compass, is that
the petitioners and the respondent Nos.5 and 6 herein, joined in
service in the same post of Senior Instructor under the
Respondent No.1. On promotion, the petitioners were moved to
next higher scale of pay. Later on getting 1st ACP, the respondent
Nos. 5 and 6 moved to next higher scale of pay, at par with the
Petitioners, but their pay was fixed higher than the petitioners,
which further enhanced after getting the benefit of 2nd ACP by
the respondent Nos. 5 and 6 after 17 years of 1st ACP and getting
the benefit ACP by the petitioners after 17 years of their
promotion. The petitioners thereafter approached the State
respondents by submitting their representation for granting them
stepping up of pay to remove pay anomaly, but it was rejected.
Thereafter, the petitioners submitted their representation
annexing the order dated 16.03.2022 passed in W.P(C) 551 of
2018 which dealt with the similar and identical facts, wherein, .
the Hon'ble High Court directed the respondents-State to
consider the case of the petitioners in the light of the
representation of the Petitioners and in the light of the judgment
passed by the Division Bench of this court in W.P.(C) 551/2018
along with others, but, the State Respondent did not consider the
same. Thereafter, the petitioners filed a writ petition being WP(C)
589 of 2023 before this Hon'ble High Court and this Hon'ble High
Court by its order dated 25.09.2023 disposed of the writ petition
with a direction upon the respondents-State to consider the case
of the petitioners in the light of the communication dated
19.10.2022 in consonance with the directions contained in WP(C)
251 of 2018. Thereafter, the petitioners submitted their
representation on 14.11.2023 with a prayer for considering their
case, but the respondents reiterated their earlier stand. Hence,
the petitioners have approached this Court for redress.
4. The contention of Mr. Roy, learned counsel appearing
for the petitioners is that though the respondent Nos. 5 and 6 are
junior than the petitioners but they are getting higher scale of
pay and urged for fixing the pay anomaly. Mr. Roy, learned
counsel for the petitioners further submitted that despite
forwarding of the judgment of this Hon'ble Court's orders, the
respondents-State failed to comply with the directions of this
Hon'ble Court. It is further submitted that the petitioners being in
higher post their pay fixation cannot be less than their juniors.
Mr. Roy, has further submitted that since gross anomaly has
arisen, the same needs to be refixed. Mr. Roy, has also
submitted that though the petitioners submitted their
representation with certain prayers, but till date the same has
not been addressed to.
5. Mr. K. De, learned Additional GA appearing for the
State-respondents has in all fairness submitted to pass
appropriate order.
6. This court has perused the record and also has gone
through the correspondences made therein. The case of the
petitioners falls under same footings of that of WP(C) 251 of 2018
and others, wherein a Division Bench of this Court has made an
elaborate discussion and on 16.03.2022 disposed of the writ
petition with the following findings:
"14. After noting the aforesaid, we refrain from granting the relief sought for by the petitioners
regarding the challenge to notification dated 23.07.2013 issued by the State of Tripura. However,
with the hope that the administration will find sufficient reason to exercise its power under Rule 19
and 20 of the Tripura State Civil Services (Revised Pay) Rules, 2017 to relax the requirements due to
clear undue hardship that has occurred in this case and use its power of interpretation under Rule
20 or carry out retrospective amendment to the rules wherever considered necessary in order to
ensure that such anomaly that has arisen in the present case does not arise. We are clearly of the
considered view that the petitioners who are working as Superintendent of Fisheries which is
admittedly a promotional post have to be given a salary or a Grade Pay higher than that what is
given to the juniors as Fishery Officers. We hope and trust that the needful be done within a period
of three months and whatever are the dues of the petitioners shall be paid within a further period
of two months thereafter."
7. The petitioners submitted their representation to the
respondents-State, but the respondents-State refused to address
the grievances raised by the petitioners in their representation
dated 19.10.2022. When that being the position, the petitioners
approached this Court by filing writ petition which was registered as
WP(C) 589 of 2023. On 25.09.2023, this Court disposed of the said
writ petition directing the respondents to consider the case of the
petitioners in the light of their representation and in consonance
with the observations made in WP(C) 251 of 2018. The operative
portion of the judgment reads as under:
"Without expressing any opinion on the merits of the case, the official respondents are directed to
consider the case of the petitioner in the light of the communication dated 19.10.2022 and also in
the light of the judgment passed by the Division Bench of this Court in WP(C) 251 of 2018 along
with other matters vide judgment and order dated 16.03.2022. It is needless to mention here that
the official respondents are to consider the case of the petitioner within a period of three months
from the date of receipt of copy of this order in accordance with law."
8. After disposal of the writ petition, the petitioners
submitted their representation before the respondent No.3 on
14.11.2023, with certain prayers and prayed to consider their case
in compliance with the directions passed by this Court. On receipt of
the representation, the respondent No.3 by Memo dated
29.02.2024 regretted the prayer of the petitioners and did not
consider the representation so filed by the petitioner.
9. This court has perused the record and also has gone
through the correspondences made therein. This court is to be
governed by the principle of justice, equity and good conscious.
Needless to say, the petitioners have approached the respondents
by notices annexing the similar and identical cases decided by this
Court, raising their grievances and finding no alternative, they also
served legal notice, which has ultimately been regretted, and thus,
this may cause serious prejudice to the employees who are getting
less salary than those of the juniors being in same cadre. In view of
the foregoing discussion, this Court is of the considered opinion that
the principle of equality as enshrined in Article 14 of the
Constitution of India, allows no discrimination between employees
who are similarly situated.
10. Accordingly, the Memo dated 29.02.2024 is hereby set-
aside and the matter is remanded back to the respondents-State for
considering the matter afresh in the light of the representation so
filed by the petitioners in consonance with the observations made
by this High Court in WP(C) 251 of 2018 and WP(C) 589 of 2023.
This court hopes and trusts that the respondents shall definitely
dispose the representation of the petitioner with a reasoned order
and would take an endeavour to remove the pay anomaly, which is
the main dispute in this writ petition. This court further clarifies that
the entire exercise shall be completed within a period of 3 (three)
months from today.
The instant writ petition is disposed of in the aforesaid
manner.
Pending application(s), if any, also stands disposed.
JUDGE
SAIKAT KAR SAIKAT KAR
Date: 2026.02.18 14:01:10
-05'00'
