Smt. Rumi Chakraborty and 3 Ors v. The State of Tripura and 2 Ors

Order

31/03/2023

Heard Mr. Arijit Bhaumik, learned counsel appearing for the petitioners. Also heard Mr. Mangal Debbarma, learned Addl. Government Advocate appearing for the respondents.

2.

This instant writ petition has been filed under Article 226 of the Constitution of India seeking a direction to the respondents to grant one advance increment in favour of the petitioners along with arrears of financial benefit.

3.

The facts of the case, in brief, are that the petitioners were appointed as Post Graduate Teachers in different subjects under the Directorate of School Education and on completion of 5 years of service

they were extended the benefit of regular pay scale w.e.f. 01.08.2012 and they all had completed B.Ed. from Tripura University after their entry into service but prior to the cut-off date of 01.01.2009 and as such they are entitled to one advance increment under Rule 13(1)(v) of the Tripura State Civil Services (Revised Pay) Rules, 2009. But till date, the petitioners have not been provided with such benefits. Aggrieved thereby, they have approached this Court by filing this writ petition. Hence, this case.

4.

Petitioners have prayed for the following reliefs: "(i) Issue notice upon the Respondents.

(ii) Call for the Records.

(iii) Issue Rule calling upon the Respondents to show cause as to why the Petitioners shall not be granted the benefit of one increment under Rule 13(1)(v) of the TSCS

(RP) Rules, 2009 along with all arrears of financial benefit. AND

Issue Rule calling upon the Respondents to show cause as to why the memorandum dated 6th July, 2011 issued by the Finance Department, Government of Tripura shall not be set aside and quashed. AND

Issue Rule calling upon the Respondents to show cause as to why the Petitioners shall not be granted the benefit of one increment as per Judgment and Order at Annexure 15 and 16 of this Writ Petition.

(iv) And after hearing the parties, be pleased to make the rule absolute.

AND/OR

Pass any other order/orders as deemed fit and proper by this Hon'ble Court."

5.

In view of the above, without expressing any opinion on merits, the present writ petition is disposed of directing the petitioners to file their representations before the respondents seeking their reliefs sought for along with all documents available in support of their claims including the judgments relied on in their favour and on receipt of the same, the respondents shall consider the case of the petitioners in accordance with law within a period of three months from the date of receipt of such representation(s).

6.

With the above observation and direction, the writ petition is disposed of.

Pending application(s), if any, also stands disposed of.

CHIEF JUSTICE (ACTING)

Pulak

HIGH COURT OF TRIPURA AGARTALA WP(C) No.188/2023 Smt. Rumi Chakraborty and others ………Petitioner(s). V E R S U S The State of Tripura & others ………Respondent(s). For Petitioner(s) : Mr. Arijit Bhaumik, Advocate. For Respondent(s) : Mr. Mangal Debbarma, Addl. G.A. HON'BLE THE CHIEF JUSTICE (ACTING)