Sri Shyamal Datta and 2 Ors v. The State of Tripura and 4 Ors

HIGH COURT OF TRIPURA _A_G_A_R_T_A_L_A_

WP(C) No.736 of 2021

For Petitioner(s) : Mr. P. Roy Barman, Sr. Advocate. Mr. S. Bhattacharjee, Advocate. For Respondent(s) : Mr. B. Majumder, Deputy SGI. Mr. D. Sarma, Addl. G.A.

HON'BLE THE CHIEF JUSTICE (ACTING)

_O_ R_ D_ E_ R_ 10/03/2023

Heard Mr. P. Roy Barman, learned senior counsel assisted by Mr. S. Bhattacharjee, learned counsel appearing for the petitioners. Also heard Mr. B. Majumder, learned Deputy SGI and Mr. D. Sarma, learned Addl. G.A. appearing for the respondents. The petitioners have prayed for the following reliefs: i. Issue rule upon the respondent to show cause as to why writ in the nature of mandamus and/or order/direction shall not be issued whereby directing the respondents to sanction & release Rs.12,000/- as monthly pension to the petitioner No.1 with effect from the date on which the petitioner No.1 retired and to pay interest with the arrear amount of pension after adjusting the amount already paid. ii. Issue rule upon the respondent to show cause as to why writ in the nature of mandamus and/or order/direction shall not be issued whereby directing the respondents to sanction & release Rs.15,000/- as monthly pension to the petitioners Nos.2 and 3 with effect from the date on which the petitioners Nos.2 & 3 retired from service and to pay interest with the arrear amount of pension after adjusting the amount already paid. iii. Issue rule upon the respondent to show cause as to why writ in the nature of mandamus and/or order/direction shall not be issued whereby directing the respondents to sanction & release pension to the petitioners @50% of the last honorarium drawn by the petitioners in terms of the Tripura Honorary Homoeo Physician benefit Scheme, 2002. iv. Issue rule upon the respondent to show cause as to why writ in the nature of mandamus and/or order/direction shall not be issued whereby directing the respondents to pay DA along with the pension to the petitioners. v. Make the rules absolute. vi. Call for the records. vii. Pass any further order/orders as this Hon'ble High Court considered fit and proper."

The case of the petitioners is that the petitioners sought for necessary direction upon the respondents to sanction & release of pension to the petitioners @50% of the last honorarium drawn by the petitioners at the time of their retirement from service in terms of the Tripura Honorary Physician Benefit Scheme, 2002. The petitioners also sought for a direction to pay DA along with the pension to the petitioners. Hence, the present petition has been preferred by the petitioners.

In view of above, without expressing any opinion on the merits, the present writ petition is disposed of directing the respondents to consider the case of the petitioners in the light of the representation dated 27.07.2021 within a period of one month from the date of receipt of the copy this order.

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

CHIEF JUSTICE (ACTING)

A. Ghosh