Sri Sukumar Chakraborty v. The State of Tripura and 3 Others

O R D E R

13.02.2024

This is a petition under Article 226 of the Constitution of India filed by the petitioner. [2] The petitioner has approached this court for the following reliefs: "i) Issue rule, calling upon the respondents and each of them, to showcase as to why a writ of certiorari and/or in the nature thereof, shall not be issued for quashing/setting aside the impugned Department Order being No.348 dated

17.03.1999.

ii) Issue Rule, calling upon the respondents and each one of them, to show cause as to why a Writ of Mandamus and/or in the nature thereof, directing the respondents, to fix the pay of the petitioner in the Pre-revised scale of Rs.3300-7100/-, revised Pay Band-2, Rs.5700-24000/- with Grade Pay Rs.2200/- as CAS-I on completion of 10 years of continuous service, in the existing scale of Rs.950-2180/-, revised scale of Rs.3200-6030/- as per ROP, 1999.

iii) Issue Rule, calling upon the respondents and each one of them, to show cause as to why a Writ of Mandamus and/or in the nature thereof, directing the respondents, to fix the pay of the Petitioner in the pre-revised Scale of Rs.4200-8650/-, revised PB-2, of Rs.5700-24,000/-, with G.P. Rs.2800/- as Per TSCS (Revised Pay) (Twelfth amendment) Rules, 2015 as CAS-III/ACP-III on completion of 25 years of Service, in the revised Pay Scale PB-2 of Rs.5310-24,000/-, G.P. Rs.2100/-, as Per ROP, 2009.

iv) Issue Rule, calling upon the respondents and each one of them, to show cause as to why a Writ of Mandamus and/or in the nature thereof, shall not be issued, for commending/directing them, to make payment of the arrears of salary and allowances (including Special Compensatory Allowances), admissible to him, in tune with the various Orders, referred to hereinbefore;…………." [3] Heard learned counsel for the respective parties.

[4] On perusal of record, it is seen that on 20.02.2022, the petitioner made a prayer before the Superintendent of Police (Comn.) Tripura, RSV, Pay Bill Section, CHQ, A.D. Nagar, Agartala, respondent No.4 for review/fixation of basic pay and thereafter, on 20.12.2023, the petitioner made a request before the Director General of Police, Government of Tripura, Agartala, respondent No.3 for removing the anomaly in his Pay Scale as per "ROP" and also for stepping-up of pay, promotion etc. But till date, no reply has been made from the end of the respondents regarding those requests made by the petitioner. Thus, without going into the merits of the case, the instant writ petition filed by the petitioner is disposed of directing the respondents to consider the case of the petitioner in the light of his representations dated 20.02.2022 & 20.12.2023 and inform the decision accordingly to him within a period of 3 (three) months from the date of receipt of the copy of this order.

Accordingly, the present petition stands disposed of. As a sequel, miscellaneous application pending, if any, shall stand closed.

JUDGE

Sabyasachi G. SABYASACHI GHOSH Date: 2024.02.13 15:46:35 +05'30'

HIGH COURT OF TRIPURA AGARTALA WP(C) 112 of 2024 Sukumar Chakraborty ….…………… Petitioner(s) Versus State of Tripura and others .………….. Respondent(s) For Petitioner(s) : Mr. R. Nandi, Advocate. For Respondent(s) : Mr. M. Debbarma, Addl. G.A. Mr. D. Sarma, Addl. G.A. HON'BLE MR. JUSTICE T. AMARNATH GOUD