Dr Snigdhatanu Banerjee v. The State of Tripura and 2 Ors

Order

10/03/2023

Heard Mr. Kawsik Nath, learned counsel appearing for the petitioner and Mr. Karnajit De, learned Additional Government Advocate appearing for the respondents-State.

2.

The instant writ petition has been directed against a notification dated 2nd September, 2022 issued by the Additional Secretary to the Government of Tripura, Department of Higher Education, seeking a direction to the respondents to modify the said notification dated 2nd September, 2022 allowing the benefit of movement in the higher academic grade pay from Level 10 to 11 i.e.

from Rs.6000/- to Rs.7000/- w.e.f. 10.01.2015 instead of 10.01.2017 with consequential incidental/ancillary benefit including financial benefit.

3.

Petitioner has prayed for the following reliefs: "(i) Issue Rule upon the Respondents to show cause as to why a writ in the nature of Mandamus and/or order/orders, direction/directions of like nature shall not be issued whereby directing the Respondents to modify the Notification, dated, 02.09.2022, issued by the Addl. Secretary to the Govt. of Tripura allowing the benefit of movement in the higher academic grade pay from Level 10 to Level 11 i.e., from Rs.6000/- to 7000/- in the Pay Matrix w.e.f. 10.01.2015 instead of 10.01.2017 with consequential incidental/ancillary benefit including financial benefit

(ii) Issue Rule upon the Respondents to show cause as to why a writ in the nature of Mandamus and/or order/orders, direction/directions of like nature shall not be issued whereby directing the Respondents to allow the Petitioner benefit of movement in the higher academic grade pay from Rs.6000/- to 7000/- in the pay band of Rs.15,600/- - Rs. 39,100/- under CAS for completion of 4 years service with Ph.D. in terms of the Notification, dated 02.02.2010 w.e.f. 10.01.2015

(iii) Issue Rule upon the Respondents to show cause as to why a writ in the nature of Mandamus and/or order/orders, direction/directions of like nature shall not

be issued whereby directing the Respondents to record the actual date of Ph.D of the Petitioner as 03.05.2011, instead of 2012 in his Service Book.

(iv) Call for the records pertaining to the instant Writ Petition from the custody of the Respondents.

(v) Make the Rules absolute after hearing the Parties And

(vi) Pass any other order/orders as this Hon'ble High Court may consider fit and proper."

4.

It is evident that the petitioner had earlier filed a request by way of representation before the respondent concerned regarding CAS benefits but since the same was not considered; this Court, without expressing any opinion on merits, directs the respondents concerned to consider the said representation submitted by the petitioner in accordance with law within a period of 2(two) months from the date of receipt of the copy of this order.

5.

With the aforesaid direction, the instant writ petition is disposed of. Pending application(s), if any, also stands disposed of.

CHIEF JUSTICE (ACTING)

Pijush

HIGH COURT OF TRIPURA AGARTALA WP(C) No.1086 of 2022 Dr. Snigdhatanu Banerjee ………Petitioner(s). V E R S U S The State of Tripura and others ………Respondent(s). For Petitioner(s) : Mr. Kawsik Nath, Advocate. For Respondent(s) : Mr. Debalay Bhattacharya, G.A., Mr. Karnajit De, Addl. G.A. HON'BLE THE CHIEF JUSTICE (ACTING)