Sri Indrajit Debnath and Ors v. Shri. Gitte Kirankumar Dinkarrao, Ias and Ors

ORDER

10.01.2025

Heard Mr. P. Roy Barman, learned senior counsel assisted by Ms. S. Debbarman, learned counsel appearing for the petitioners. Also heard Mr. S.M. Chakraborty, learned senior counsel assisted by Mr. Kohinoor N. Bhattacharyya, learned counsel appearing for respondent-contemnors no.1 and 2 and Mr. D. Sarma, learned counsel appearing for respondent-contemnor no.3. This is an application for initiation of contempt proceedings against the respondent-contemnors for alleged wilful and deliberate violation of the directions of this Court passed on 08.02.2024 in WA No.120 of 2022 titled as the State of Tripura and Ors. vs. Sri Indrajit Debnath and Ors. Mr. Roy Barman, learned senior counsel for the petitioner, at the very outset, has drawn our attention to the relevant part of the order dated

08.02.2022 passed by learned Single Judge in WP(C) No.181 of 2021 for enhancement of wages of the petitioners, which reads as under: "…. The enhancement of the wages as directed above shall be made within a period of three months from the day when a copy of this judgment will be made available to the respondents….."

Thereafter, on expiry of 3(three) months, the petitioners herein had filed a contempt petition bearing Cont. Cas(C) No.72 of 2022 for non-compliance of the aforesaid direction. While the contempt petition was pending, the respondent-contemnors herein had preferred an intra-court appeal being WA No.120 of 2022 against the order dated 08.02.2022 passed by learned Single Judge in WP(C) No.181 of 2021. The Division Bench of this Court vide order dated 08.02.2024 had set aside the order of the learned Single Judge as regards the creation of posts. However, on the basis of submission of Mr. Kohinoor N. Bhattacharyya, learned GA, this Court had not dealt with the issue of enhancement of wages. Subsequently, when the contempt petition pending before this Court came for consideration on 14.03.2024, the same was disposed of by an order dated 14.03.2024 wherein this Court had made the following observations as regards the enhancement of wages: "….As such, it is for the respondents to take a decision on the issue of creation of posts and also on the observations made in the penultimate paragraph of the order on the question of enhancement of wages of the petitioners within a reasonable time."

Mr. Roy Barman, learned senior counsel for the petitioner has submitted that there is deliberate violation of the order passed by learned Single Judge of this Court in WP(C) No.181 of 2021 as the respondent-contemnors till today have not enhanced the wages of the petitioners at the lowest stage of the pay scale of GDA. On the other hand, Mr. S.M. Chakraborty, learned senior counsel has submitted that the wages of the petitioners as GDA have been enhanced by the respondent-contemnors along with other GDAs. We have considered the submissions of learned senior counsel as to whether there is any wilful and deliberate violation of any order passed by this Court.

At the very threshold, in our opinion, we do not find any order passed by any of the Courts to fix the pay scale of the petitioners at the lowest stage of GDA. So, this submission of learned senior counsel for the petitioner is not accepted. In regard to the enhancement of wages of the petitioners, it is found that the Directorate of Health Services, Government of Tripura i.e. the respondent-contemnors have already enhanced the wages of the GDA including the petitioners. In view of this, we do not find any wilful and deliberate violation of the order passed by this Court. The order of the Court has substantially complied with. Accordingly, the contempt application stands dismissed.

JUDGE

JUDGE

Snigdha SAIKAT KAR Date: 2025.01.17 16:39:32 +05'30'

HIGH COURT OF TRIPURA AGARTALA Cont. Cas (C) No.85 of 2024 1. Sri Indrajit Debnath, S/o- Lt. Bagaban Chandra Debnath, Vill:- Gurkha Basti, P.O- Kunjaban. Agartala, West Tripura, PIN- 799006, Age-49 years. 2. Shri Sukanta Saha, S/o-Lt. Manik Lal Saha, Vill: Nripendra Nagar, P.O- Mahuya Milin Colony, P.S- Birganj, Gomati Tripura, Pin-799101, Age-35 3. Sri Mukta Lal Das, S/o-Lt. Baishista Das, Vill+P.O- Bampur, P.S- Birganj Gomati Tripura, PIN-799101, Age 48 years. 4. Sri Litan Chakraborty, S/o-Paresh Chakraborty, Vill:- TRTC Para P.O- Ambassa, Dhalai Tripura, Pin:-799289, Age-32 years. 5. Sukhendu Paul, S/o-Sukesh Paul, Vill:-North Fulbari, P.O Premtala, P.S- Churaibari, North Tripura, Pin:-799262, Age-32 years. 6. Arijit Deb, S/o-Lt. Kumud Deb, Vill:-Dharmanagar, P.O & P.S- Dharmanagar, Pin:-799250, Age-43 years, North Tripura. 7. Mithun Tripura, S/o- Bathaya Tripura, Vill-Bagmara, P.O Bishnupur, P.S-Manubankul, Sabroom, South Tripura, Pin: 799143, Age-31 years. 8. Rajesh Kumar Shil, S/o- Milan Chandra Shil, Vill:-South Jolaibari, P.O- Jolaibari, P.S- Baikhora, Santirbazar, South Tripura, Pin:-799141, Age-32 9. Mrs. Adhirang Tripura, W/o- Chanta Kumar Tripura, Vill- East Sabroom, P.O-Baishnabpur, P.S-Sabroom, District:- South Tripura, Pin- 799145, Age-32 years. 10. Biswajit Dey, S/o-Raj Kumar Dey, Vill:-West Harina, P.O.- Harina Bazar, P.S.-Sabroom, South Tripura, Pin:-799145, Age- 40 years. 11. Ananda Chakma S/o Kulaksha Moni Chakma, Vill+PO- South Dhalai Charra, P.S.-Pecharthal, Unokoti Tripura, Pin:- 799563, Age-40 years. 12. Dasari Reang, S/o- Lt. Upendra Reang, Vill:- Burithai Bari, P.O- Mahuamilan, P.S.-Birganj Amarpur, Gomati Tripura, Pin:799101, Age-41 13. Mrs. Priti Debnath, W/O-Lt. Sachindra Debnath, Vill:- West Malbasa, P.O-Malbasa, P.S.-Birganj, Amarpur, Gomati Tripura, Pin:-799101, Age-49 14. Naba Kishore Jamatia, S/o-Lt. Jagat Sadhan Jamatia, Vill: 2 No. Malbasa P.O-Malbasa, P.S.-Birganj, Amarpur, Gomati Tripura, Pin:- 799101, Age-33 years. 15. Parimal Biwas, S/o-Lt. Sashi Mohan Biswas, Vill-Nripendra Colony, (Thakchara), P.O-Mahuya Milin Coloni, P.S. Birganj Gomati Tripura, Pin- 799101, Age-45 years. 16. Mrs. Anuradha Acharjee, W/o-Lt. Rati Acharjee, Vill: Rangamati, P.O-Rangamati, P.S.-Birganj, Amarpur, Gomati, Tripura, Pin:-799101, Age- 39 years. 17. Haradhan Nandi, S/o-Manoranjan Nandi, Vill:-Sonapur, P.O- Barpathari, P.S.- P.R. Bari, Belonia, South Tripura, Pin 799156, Age-44 18. Pintu Das, S/o- Krishna Das, Vill:-Rajnagar, P.O-Rajnagar, P.S.-P.R. Bari, Belonia South Tripura, Pin-799150, Age-34 years. 19. Mrs. Rekha Debnath, W/o-Nirmal Debnath, Vill:-Betaga Pul Para, P.O-Betaga, P.S.-Santirbazar, South Tripura, Pin: 799144, Age-47 years. 20. Barna Chandra Tripura, S/o-Sambadhan Tripura, Vill: Surjya Kumar Para, P.O-Ramraibari, P.S.-Baikhora, Santirbazar, South Tripura, Pin:- 799141, Age-33 years. 21. Mrs. Archana Rudra Paul. W/o-Lt. Subash Rudra Paul, Vill:- Ambasa Colony, P.O & P.S-Ambasa, Dhalai Tripura, Pin: 799289, Age-46 years. 22. Sujit Sarkar, S/o-Makhan Lal Sarkar, Vill:-North Nali Chara, P.O- Kulai, P.S Ambasa, Dhalai, Tripura, Pin: 799204, Age-32 years. 23. Sanjib Paul, S/o-Lt. Sukhen Paul, Vill:-East Nali Chara, P.O- Kulai, P.S Ambassa, Dhalai, Tripura, Pin:-799204, Age-37 years. 24. Sachindra Tripura, S/o-Laban Chandra Tripura, Vill: Chatakchari, P.O-Sonai Bazar, P.S-Sabroom, South Tripura, Pin: 799145, Age-43 years. 25. Sanjoy Debnath, S/o-Haralal Debnath, Vill:-Rupaichari, P.O- Rupaichari, P.S. Sabroom, South Tripura, Pin: 799145, Age-38 years 26. Dipak Debnath, S/o-Lt. Jaharlal Debnath, Vill:-South BhuraTali, P.O. Fulchari, P.S-Manubazar Sabroom, South Tripura, Pin:-799143, Age -40 27. Mrs. Sujan Mala Tripura, W/o-Bhagyajoy Tripura, Vill: Purba Manubankul, P.O-Bishnupur, P.S-Sabroom, South Tripura, Pin:-799145, Age - 41 years. 28. Gangaram Ochai, S/o Ramdhan Ochai, Vill:-Ratanpur, P.O-Ratanpur, P.S. Belonia, South Tripura, Pin:- 799155, Age-45 years 29. Kishan Ochai, S/o-Krishna Kumar Ochai, Vi