Smt. Dipali Debbarma v. The State of Tripura and 2 Others

Order

23/07/2024

By means of filing the present writ petition, the petitioner has 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 Note-2 of Rule 13(1)(v) of the TSCS(RP) Rules, 2009 along with 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 Memorandum dated 16.10.2007 issued by the Finance Department, Govt. of Tripura shall not be set aside and quashed.

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

2.

Heard Mr. S. Dey, learned counsel appearing for the petitioner. Also heard Mr. K. De, learned Addl. GA appearing for the respondents-State.

3.

Briefly stated, the petitioner was appointed to the post of Post Graduate Teacher on fixed pay basis on 14.11.2005. Thereafter, she remained on fixed pay for a period of 5(five) years after joining to her Page 2

service. On completion of 5(five) years on fixed pay, the petitioner was given the benefit of regular pay scale vide Memo dated 05.01.2011. Thereafter, from July 2008, the petitioner of the instant writ petition was selected for undergoing training for Certificate course in Teacher Education(CCTE) for a period of 6(six) months. Upon completion of 6(six) months training, the End Term Examination was held in the month of December, 2008 and the result was published on 19.02.2009 and the petitioner had successfully passed the End Term Examination in one attempt.

4.

It is highlighted in the writ petition by the petitioner that vide notification dated 05.05.2009, Tripura State Civil Service(Revised Pay) Rules, 2009(for short, Rules, 2009) was introduced by the Govt. of Tripura w.e.f. 01.01.2006. Under Rule 13(1)(v) of the Rules, 2009 it was provided that the existing system of granting training incentive to employees in the form of one increment is replaced with lumpsum incentive grant. In the Note to Rule 13(1)(v) it was provided that such system of providing lumpsum incentive grant will take effect from 01.01.2009 for all cases who completed training on or after 01.01.2009. Subsequently, Rules, 2009 was amended vide Notification dated 06.01.2011 providing therein that the employees who completed full training course and appeared in the End Term Examination prior to 05.05.2009 and passed the examination in all subjects in one attempt, shall be exempted from the purview of Rule 13(1)(v) and will be entitled to training incentive in the form of one increment. Thus, by the amendment of Rules, 2009, the petitioner was entitled to one advance increment, which was denied to her. Hence, the present writ petition.

4.

Mr. Dey, learned counsel for the petitioner has submitted that the instant writ petition is squarely covered by the judgments and orders of the Single Bench of this Court passed in WP(C) No.626 of 2023 titled as Sri Debu Ranjan Sinha & 8 Ors. vs. The State of Tripura & 2 Ors. and WP(C) No.697 of 2023 titled as Smt. Piyashi Das & 4 Ors. vs. The State of Tripura & 2 Ors. It is also submitted that the directions issued in the judgment and order passed by the learned Single Judge in Sri Debu Ranjan Sinha(supra) has been complied with and has already been implemented by the respondents vide Memo dated 17.11.2023, which may be reproduced hereunder:

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"Government of Tripura Directorate of School Education Estt. (Confirmation) Section

Dated, Agartala, the 17/11/2023 MEMO Subject:- Allowing of benefit of one advance increment in terms of Rule 13(1)(v) of ROP, 2009 as per Judgment and Order dated 06-10-2023 in connection with the WP(C) No.626/2023.

In compliance with the judgment & order dated 06-10-2023 in connection with the WP(C) No.626/2023 of the Hon"ble High Court of Tripura, all the petitioners would be entitled one advance increment in terms of Rule 13(1)(v) of ROP, 2009 from the respective dates when they were regularised in their service. However, the fixation of pay of the petitioners would be made notionally till the date of filing of these petitions after which they would be entitled to get arrears of salary from the date as mentioned in col. No.5 against each in the Annexure-"A".

¶2The concerned Head of Office and DDOs are requested to forward the same to the present Head of Office and DDO if any transfer has been made during this period. Signed by Nripendra Chandra Sarma Date: 17-11-2023 21:10:42 Reason: Approved (N.C. Sharma) Director of Secondary Education Tripura"

5.

The aforesaid submission of Mr. Dey, learned counsel for the petitioner is acceded to by the Learned Addl. GA appearing for the respondents-State.

In view of the above, the instant writ petition stands allowed with similar direction as passed in Debu Ranjan Sinha(supra) and Smt. Piyashi Das(supra) and the respondents are directed to issue similar order as passed in Memo dated 17.11.2023 quoted here-in-above.

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

JUDGE

SAIKAT KAR Date: 2024.07.23 17:25:22 +05'30'

Page 1 HIGH COURT OF TRIPURA AGARTALA WP(C) No.472 of 2024 Smt. Dipali Debbarma ….Petitioner(s) Versus The State of Tripura and 2 Ors. ….Respondent(s) For the Petitioner(s) : Mr. S. Dey, Advocate For the Respondent(s) : Mr. K. De, Addl. GA HON'BLE MR. JUSTICE ARINDAM LODH