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2024 DAILYLAW 95 (TRI)

Kriti Sundar Sarkar and 17 others v. The State of Tripura and 5 others

WP(C)/104/2024 · 2026-06-22

T Amarnath Goud

Writ Petition (Civil)body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF TRIPURA AGARTALA WP(C) NO.104 OF 2024 1. Kriti Sundar Sarkar, Age 50 years, S/O - Krishna Kanta Sarkar, resident of Badharghat Spreepally, Agartala, P.O & P.S - A.D Nagar, Agartala, West Tripura, PIN 799003. 2. Rubi Debnath, Age 50 years, W/O - Dipankar Sengupta, resident of Office Tilla, Bishalgarh, P.O & P.S Bishalgarh, District - Sepahijala Tripura, PIN – 799102. 3. Smt. Anindita Karmakar, Age 37 years, W/O - Santanu Mallik, Resident of village Chhanban, P.O.- Radhakishorepur, South Tripura, PIN – 799120. 4. Jiban Debnath, Age 55 years, S/O Lt. Birendra Kr. Debnath, resident of Village Vidyapith Corner, P.O & P.S-Belonia, South Tripura, PIN- 799155. 5. Subal Debnath, Age 46 years, S/O Lt. Khokhan Debnath, resident of Village Laxmipur, P.O Barpathari, P.S-Belonia, South Tripura, PIN 799155. 6. Pradyut Debbarma, Age 43 years, S/O Sukramani Debbarma, resident of Ujjan Abhoynagar, near Lifedrop, P.O Ujjan Abhoynagar Agartala, P.S East Agartala, District-West Tripura, PIN-799005. 7. Sukanta Deb, Age-39 years, S/O - Lakshmi Kanta Deb, resident of Jogendranagar, Agartala, P.O & P.S Jogendranagar, District - West Tripura, PIN-799004. 8. Nandadulal Debnath, Age 47 years, S/O Lt. Harisadhan Debanth, Resident of A.D Nagar, Road No 9, Agartala, P.O & P.S - A.D Nagar, Agartala, West Tripura, PIN-799003. 9. Litan Debnath, Age 42, years, S/O - Bireshwar Debnath, resident of Vill & P.O - West Pilak, P.S - Baikhora, South Tripura, PIN-799001. 2026:THC:760 10. Pradip Tripura, Age 39 years, S/O - Rajendra Tripura, resident of Village & P.O South Sonai Chari, P.S Belonia, District - South Tripura, PIN – 799155. 11. Sajai Mog Age 44 years, S/O Mongchathai Mog. resident of Village & P.O - Debdaru, Santirbazar, South Tripura, PIN-799141. 12. Samim Mohammad Zakaria, Age 47 years, S/O - Md. Tarik, resident of Village Noapara, P.O & P.S Bishalgarh, District - Sepahijala, PIN-799102. 13. Anil Das, Age 48 years, S/O Sri Thakur Chand Das, resident of village- Brajapur, P.O-Bishalgarh, P.S-Bishalgarh, Sepahijala, Tripura, PIN – 799102. 14. Smt. Beauty Debbarma, Age 39 years, W/O - Rajkumar Debbarma, Resident of Bijoy Kumar Chowmuhani, Agartala, Sadar, P.O & P.S - Krishnanagar, District - West Tripura, PIN-799001. 15. Tapan Debnath, Age 45 years, S/O Radhakanta Debnath, resident of village & P.O.- East Nalchar, Sonamura, Sepahijala, Tripura, PIN- 799115. 16. Smt. Santana Debbarma, Age 38 years, W/O Sri. Sanjit Rupini, resident of Ujan Abhoynagar, Agartala, District;- West Tripura, PIN- 799005. 17. Jayanta Paul, Age 40 years, S/O - Badal Chandra Paul, resident of Village - Dhajanagar, P.O Gakulpur, P.S -Radhakishorepur, Udaipur, Gomati Tripura, PIN – 799114. 18. Utpal Majumder, Age 42 years, S/O - Girendra Kr. Majumder, resident of Village North Jolaibari, P.O Jolaibari, P.S Baikhora, District - South Tripura, PIN -799141. …The Petitioners -:Versus :- 1. The State of Tripura, To be represented by the Secretary, Education (School) Department, Government of Tripura, New Secretariat Building, New Capital Complex, Kunjaban, Agartala, West Tripura, PIN 799010. Page 3 of 5 2. The Director of Secondary Education, Government of Tripura, Agartala, West Tripura, PIN – 799001. 3. The Secretary, Department of Finance, Govt. of Tripura New Secretariat Building, New Capital Complex, Kunjaban, Agartala, West Tripura, PIN 799010. 4. The Secretary, Managing Committee, Bishalgarh Class XII School, Bishalgarh, Sepahijala, Tripura. 5. The Secretary, Managing Committee, Belonia Vidyapith Higher Secondary School, Belonia, South Tripura. 6. The Secretary, Managing Committee, Jolaibari H.S (Class XII) School, Jolaibari, South Tripura. …. The Respondents For the Appellant(s) : Mr. P. Roy Barman, Sr. Advocate. Mr. S. Bhattacharjee, Advocate. Mr. K. Nath, Advocate. Ms. S. Deb. Barman, Advocate. Mr. D. Paul, Advocate. Ms. A. Debbarma, Advocate. For the Respondent(s) : Mr. Kohinoor N. Bhattacharyya, G.A. Ms. R. Chakraborty, Advocate. Date of hearing and delivery of Judgment & Order : 22.06.2026. Whether fit for reporting : No. HON’BLE JUSTICE DR. T. AMARNATH GOUD J U D G M E N T & O R D E R(ORAL) 1. This present writ petition has been filed under Article 226 of the Constitution of India seeking 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 and/or direction/ directions of like nature shall not be issued whereby directing the Respondents to give one advance increment to the Petitioners as per Rule 13(1)(ii) of Tripura States Civil Services (Revised Pay) Rules, 2009. (ii) Issue Rule upon the Respondents to show cause as to why a writ in the nature of Mandamus and/or order/orders and/or direction/ directions of like nature shall not be issued whereby quashing the Memo., dated, 06.07.2011, issued by the Finance Department, Government of Tripura shall not be set aside and quashed. (iii) Issue Rule upon the Respondents to show cause as to why a writ in the nature of Mandamus and/or order/orders and/or direction/ directions of like nature shall not be issued whereby directing the Respondents to grant benefit of one advance increment to the Petitioners in view of the fact, that, Sri Bimal Sen. PGT, one of the Petitioner in W.P(C) 328/ 2021, who obtained B.Ed Degree on 11.10.2010, was granted one advance increment as training incentive in compliance of the direction given by the Hon'ble High Court by the said judgment and the Petitioners and said Sri Bimal Sen was absolutely similarly situated for the simple and obvious reason that Sri Bimal Sen and the Petitioners Nos 1 & 2 obtained B.Ed degree on the same date. (iv) Issue Rule upon the Respondents to show cause as to why a writ in the nature of Mandamus and/or order/orders and/or direction/ directions of like nature shall not be issued whereby directing the Respondents to grant benefit of one advance increment to the Petitioners, as the instant Petitioner and the beneficiaries of the Memo., dated, 19.12.2023, (Sri Tapas Debnath & Sri Sandip Roy) are absolutely similarly situated. (v) Make the rules absolute. (vi) Call for records. (vii) Pass any further order/orders as this Hon'ble High Court considered fit and proper. And For this act of kindness, your humble Petitioner as in duty bound shall ever pray. 2. Heard Mr. K. Nath, learned counsel appearing for the petitioners as well as Mr. Kohinoor N. Bhattacharyya, learned G.A., appearing for the respondents. 3. It is seen from the record that petitioners has submitted legal notice dated 14.12.2023 agitating their grievance before the respondents. However, it is seen from the record that the said legal notice is still unattended by the concerned respondents till date. Page 5 of 5 4. In view of the above, without going into the merits of the case, this present writ petition is disposed of directing the respondents to consider the case of the petitioners in the light of the legal notice dated 14.12.2023 in accordance with law within a period of 3(three) months from the date of the receipt of this order. Any such decision taken shall be communicated by the respondents to the petitioners herein. 5. As a sequel, stay if any stands vacated. Pending application(s), if any also stands closed. DR. T. AMARNATH GOUD, J Suhanjit RAJKUMAR SUHANJIT SINGHA Digitally signed by RAJKUMAR SUHANJIT SINGHA Date: 2026.06.24 13:16:12 +05'30'