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2025 DAILYLAW 1253 (TRI)

Sunil Debnath and 10 others v. The State of Tripura and 4 others

WP(C)/504/2025 · 2025-09-15

T Amarnath Goud

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF TRIPURA AGARTALA WP(C) 504 of 2025 1. Sunil Debnath, S/o: Lt. Chandrakanta Debnath, R/o: Vill: East Nalichara, P.O:Kulai Bazar, P.S Ambassa, Dist: Dhalai, Pin:799204, Age – 72 years. 2. Ajit Kumar Bhowmik, S/o: Lt. Rajani Chandra Bhowmik, R/o: Town Bardowali, Matri Bari Road (Extn), Agartala West Tripura, Pin: 799001, Age- 69 years. 3. Narayan Chandra Majumder, S/o: Lt. Ramani Mohan Majumder, R/o: Madhuban, Kathaltali, P.O: Madhuban Dukli, P.S: Amtali, Pin: 799003, Age- 68 years. 4. Bishnupada Deb, S/o: Lt. Gopal Ch. Deb, R/o: Ramnagar Road No:6, P.O: Ramnagar, Agartala, West Tripura, Pin:799002 Age- 70 years. 5. Subhash Ch. Shyam, S/o: Lt. Srish Chandra Shyam, R/o: Bankumari, P.O: Jogendranagar, Pin: 799004 Age- 66 years. 6. Narayan Ch. Deb, S/o: Lt. Gopal Ch. Deb, C/o:Amal Sen, R/o: Town Pratapgarh, Near Grandiose Club, P.O: Agartala, Tripura, Pin: 799001 Age- 69 years. 7. Nani Gopal Chakraborty, S/o: Lt. Kshetra Mohan Chakraborty, R/o: Last Part of Ramnagar Road No. 8. P.O Ramnagar, Agartala, Tripura-West. Age- 71 years. 8. Gauranga Ch. Saha, S/o: Lt. Abani Mohan Saha, R/o: Vill: Matripalli, Badharghat, P.O: A.D Nagar, Pin: 799003. Age- 69 years. 9. Rita Paul, W/o: Sri Dipak Kumar Chowdhury, R/o: C/o: Sri Dipak Kumar Chowdhury, Ward No:39, A.D Nagar Road No: 3. Near M.B Tilla, Gramin Bank,P.O: A.D Nagar, Pin: 799003.Age- 64 years. 10. Bappi Ghosh, S/o: Lt. Phani Bhushan Ghosh, R/o: Bardowali, Near Yubak Sangha, P.O: AD Nagar, West Tripura, Pin: 799003 Age- 68 years. 11. Bhabatosh Paul, S/o: Lt. Dasharath Paul, R/o: Vill: Kalma, P.o: Muhuripur, Santirbazar, South Tripura, Pin: 799142, Age- 71 years. Page 2 of 4 …....... Petitioner VERSUS 1. The State of Tripura, to be represented by the Secretary, Education (School) Department, Government of Tripura, New Secretariat Complex, Gurkhabasti, Agartala, PO-Kunjaban, PS-New Capital Complex, Sub-Division-Sadar, District-West Tripura, Pin: 799010. 2. The Secretary, Department of Finance, Govt. of Tripura, New Secretariat Complex, Gurkhabasti, Agartala, PO-Kunjaban, PS-New Capital Complex, Sub-Division-Sadar, District-West Tripura, Pin: 799010. 3. The Director, Elementary Education, Govt. of Tripura, Siksha Bhavan, Office Lane Agartala, Tripura, Pin:799001. 4. The Accountant General(A & E) Tripura, Office of the Accountant General (A&E), Bholagiri, Agartala, Tripura, Pin: 799001. 5. The Senior Accounts Officer, O/o the Accountant General (A & E), Tripura, Agartala, P.o: Kunjaban, Pin: 799006. .........Respondents For the Petitioner(s) : Mr. P. Roy Barman, Sr. Advocate. Ms. A. Debbarma, Advocate. For the Respondent(s) : Mr. D. Bhattacharrya, Sr. Advocate. Ms. P. Chakraborty, Advocate. BEFORE HON’BLE JUSTICE DR. T. AMARNATH GOUD O R D E R 15.09.2025 [1] Heard learned counsel appearing for the respective parties. [2] This present writ petition is 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 extend the benefit of higher pay scale to the Petitioners on acquisition of higher qualification w.e.f. the date on which each of the Petitioners acquired higher by implementing the Memorandum, dated, 14.10.2024, issued by the qualification/graduation Director, Elementary Education ii) Issue Rule upon the Respondents to show cause as to why the nature of Mandamus and/or order/orders and/or direction/ directions of like nature shall not be issued whereby directing the Respondents to extend the benefit of higher pay scale to the Petitioners on acquisition of higher qualification w.e.f. the date each of the Petitioners qualified higher education/graduation by implementing the Memorandum, dated, 14.10.2024, issued by the Director, Elementary Education 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 providing the arrear pay and salary, revision of pension and pensionary benefits and make payment of the arrear after adjusting the amount already paid. 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 providing 9% interest for deferred payment of pension, pensionary benefits and on arrear pay and salary. 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.” [3] It is the case of the petitioners that they are also entitled for higher scale in terms of acquiring higher education qualification and in this regard, similarly placed employees approached the Court and they filed writ petitions and obtained orders in their favours. [4] In pursuance of the same, the petitioners herein are also approached the respondents by way of legal notice dated 01.07. 2025, to which in 11th August,2025, the respondent Senior Accounts Officer, Office of the Accountant General has addressed the letter asking for whether the petitioners are also covered in the said judgments and whether they have approached the Court, to this the concerned learned counsel who has issued the notice has not replied. However, the present writ petition is filed seeking the relief. [5] In view of the same, without expressing any opinion on the merits of the case, this present writ petition is disposed of directing the concerned respondent(s) to look into the matter in accordance with law and pass a reasoned order as expeditiously as possible preferably within a period of three months from the date of receipt of the copy of this order. The petitioners are also at liberty to place any such material information before the respondents prior to taking a decision. [6] With the above observation and direction, this present writ petition stands disposed of. As a sequel, miscellaneous application(s), pending if any, shall stand closed. DR. T.AMARNATH GOUD,J Paritosh SABYASAC HI GHOSH Digitally signed by SABYASACHI GHOSH Date: 2025.09.19 13:48:31 +05'30'