Sri Manash Das and Anr v. The State of Tripura and 3 Ors

Judgment & Order (Oral)

This is a petition under Article 226 of the Constitution of India filed by the petitioner. [2] By filing this instant petition under Article 226 of the Constitution of India the petitioners seek a writ of mandamus directing the respondents to grant one increment in favour of the petitioners for the B.Ed. training undergone by the petitioners prior to entry into the service as per Rule 13(1)

(ii) of the Tripura State Civil Services (Revised Pay) Rules, 2009. The petitioners further seek a writ of certiorari for setting aside the memorandum dated 6th July, 2011 issued by the Finance Department, Government of Tripura whereby a decision has been taken to provide lumsump benefit as training incentive in lieu of increment. The petitioner No.1 is serving as a Post Graduate Teacher in Darchawi Christian H.S. School which is a Grant-in-Aid School of the Government of Tripura. The petitioner no.1 completed his B.Ed in the month June, 2003. Thereafter, the petitioner no.1 joined in service vide appointment letter dated 16.09.2009 and was on fixed pay for a period of 5 years. On completion of 5 years on fixed pay, the petitioner no.1 was given the benefit of regular pay scale vide memorandum dated

17.06.2015. The petitioner no.2 is serving as a Post Graduate Teacher in Darchawi Christian H.S. School which is a Grant-in-Aid School of the

Government of Tripura. The petitioner no.2 completed B.Ed. on 18.09.2008 and thereafter, joined in service vide appointment letter dated 16.09.2009 and was on fixed pay for a period of 5 years. On completion of 5 years on fixed pay, the petitioner no.2 was given the benefit of regular pay scale vide memorandum dated 17.06.2015 w.e.f. 21.09.2014. Both the petitioners are serving under Grant-in-Aid schools of the Government of Tripura. It is highlighted that as per Tripura Grant-in-Aid (Government Aided Schools) Rules, 2005, all Government Rules, Regulations, etc. including Revision of Pay Rules viz. TSCS (RP) Rules, 2009 applies to Government aided schools. Therefore, Rule 13(1)(ii) of the Rules of 2009 applies to Government aided schools also. [3] Being aggrieved, the petitioner has approached this court 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 given the benefit of one increment as per Rule 13(1)(ii) of the Tripura State Civil Services (Revised Pay) Rules, 2009 alongwith arrears of financial benefit.

(iv) 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.

(vi) Issue Rule calling upon the respondents to show cause as to why the petitioners shall not be granted all financial benefits as per the judgment and order dated 19th March, 2021 passed in W.P.(C) No.703/2019 by this High Court as upheld by the Division Bench in W.A. No.207/2021. [4] Heard learned counsel appearing for the parties. [5] It is revealed from record that the petitioners through their engaged counsel submitted representation before the respondents on 29.04.2023 enclosing all the relevant documents but, till date no step has been taken by the respondents for considering the said representation. [6] Having considered the facts and circumstances and without expressing any opinion on merits of this case, the present writ petition stands disposed of directing the respondents to consider the case of the petitioners in the light of their representation submitted on 29.4.2023 before

the respondents within a period of 3(three) months from the date of receipt of the copy of this order. [7] Accordingly, present petition stands disposed of. As a sequel, miscellaneous application pending, if any, shall stand closed.

JUDGE

Sabyasachi G.

HIGH COURT OF TRIPURA AGARTALA WP(C) 314 of 2023 Manash Das and another ….…………… Petitioner(s) Versus State of Tripura and 3 others .………….. Respondent(s) For Petitioner(s) : Mr. A. Bhaumik, Advocate. For Respondent(s) : Mr. D. Bhattacharya, G.A. Date of hearing and delivery of judgment and order : 22.05.2023. Whether fit for reporting : HON'BLE MR. JUSTICE T. AMARNATH GOUD