Sri Mithun Deb v. The State of Tripura and 2 Ors

Judgment & Order : 22.08.2023.

Whether fit for reporting : YES/NO

HON'BLE MR JUSTICE T. AMARNATH GOUD

JUDGMENT AND ORDER(ORAL)

This present writ petition has been filed under Article 226 of the Constitution of India seeking 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 petitioner shall not be granted the benefit of MACP-I from the pay of completion of 10 years of continuous and satisfactory service counting w.e.f. 26.08.2010 along with all arrears of financial service.

AND

Issue Rule calling upon the Respondents to show cause as to why the petitioner shall not be granted the benefit of two annual increments of the year 2016 & 2017 which were illegally deducted from the date of the petitioner at the time of pay fixation of the petitioner after Sangita Reang's Judgment.

AND

iv. And after hearing the parties be pleased to make the Rule absolute.

AND/OR.

Pass any other order/orders as deemed fit and proper."

2.

Heard Mr. A. Bhaumik, learned counsel assisted by Mr. S. Dey, learned counsel appearing for the petitioner as well as Mr. D. Bhattacharjee, learned G.A. assisted by Mr. S. Saha, learned counsel appearing for the respondents.

3.

Mr. A. Bhaumik, learned counsel appearing for the petitioner has prayed for granting of MACP benefit to the petitioner from the date of completion of 10 years of service counting w.e.f. 26.08.2010 along with all arrears of financial benefit. The learned counsel further prayed for a direction to grant the petitioner 2(two) annual increments of the year 2016 and 2017 which was deducted from the petitioner at the time of pay fixation after the Judgment dated 29.01.2020 passed by this Court in WP(C) No.295 of 2019 and other batch of matters titled as Sangita Reang and others versus State of Tripura and ors.

4.

Heard both sides and perused the evidence on record.

5.

This present writ petition is disposed of with a direction upon the petitioner to file his respective representation and claim highlighting his entitlement under the Rules claiming his status under the MACP-I. On receipt of such representation, the respondents shall consider the same in accordance with law and examine whether the petitioner has completed the 10(ten) years of service as contemplated under the Rules. It is needless to observe that if there is no ambiguity in the Rules, the said decision can be taken without reference to the decision of this Court passed in Sangita Reang(supra) and another decision of this Court dated 25.03.2022 passed in WP(C) No.171 of 2022 titled as Sri Souradip Saha and 17 ors. Vs. The State of

Tripura and 3 ors. The respondents shall apply their minds independently and accordingly take a decision within a period of 2(two) months from the date of receipt of such representation from the petitioner. The said decision be communicated to the petitioner by the respondents.

In the event, if the petitioner is aggrieved by any decision, it amounts to a fresh cause of action and the petitioner is at liberty to avail remedies under the law. Accordingly, the impugned memorandum dated 24.12.2021 which is under challenge is set aside and the matter is remanded back to the respondents for fresh consideration in the light of the representation made by the petitioner.

6.

With the above observation and directions, this present writ petition stands disposed of. As a sequel, stay if any stands vacated. Pending application(s) if any also stands closed.

JUDGE

suhanjit

RAJKUMAR SUHANJIT SINGHA Date: 2023.08.25 13:51:11 +05'30'

HIGH COURT OF TRIPURA AGARTALA WP(C) NO.980 OF 2022 Sri Mithun Deb …… Petitioner(s) Vs. The State of Tripura and ors. …… Respondent (s) For the Petitioner(s) : Mr. A. Bhaumik, Advocate. Mr. S. Dey, Advocate. For the Respondent(s) : Mr. D. Bhattacharjee, G.A. Mr. Soumyadeep Saha, Advocate. Date of hearing and delivery of