HIGH COURT OF TRIPURA AGARTALA WP(C) No.696 of 2024 Smt. Shipra Das, D/o-Sri Ashutosh Das, W/o-Sri Debabrata Nath, R/o Vill:Ratan Nagar, P.O.+ P.S.-Ranirbazar, Dist: West Tripura, Pin-799035, presently residing at East Shibnagar, P.O.: College Tilla, P.S.: East Agartala, Dist: West Tripura, Pin: 799004, Age about 43 years. ...Petitioner(s) VERSUS 1. The State of Tripura, Represented by its Principal Secretary, School Education Department, Government of Tripura, P.O-Secretariat, P.S-New Capital Complex, District-West Tripura, Pin-799010. 2. The Director of Secondary Education, Directorate of Secondary Education, School Education Department, Government Of Tripura, P.O- Agartala, P.S- West Agartala, District-West Tripura, Pin-799010. 3. The Principal Secretary, Finance Department, Government of Tripura, New Secretariat Complex, P.O-Secretariat, P.S-New Capital Complex, District-West Tripura, Pin-799010. ...Respondent(s) For the Petitioner(s) : Mr. A. Bhaumik, Advocate For the Respondent(s) : Mr. M. Debbarma, Addl. GA HON’BLE MR. JUSTICE ARINDAM LODH Order 06/01/2025 By means of filing the present writ petition, the petitioner has prayed for 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. A. Bhaumik, learned counsel appearing for the petitioner. Also heard Mr. M. Debbarma, learned Addl. GA appearing for the respondents-State. 3. Briefly stated, the petitioner was appointed as Post Graduate Teacher in Bengali subject on fixed pay basis vide memorandum dated 30.03.2007. She was on fixed pay for a period of 5(five) years after joining to their service. On completion of 5(five) years on fixed pay, the petitioner was given the benefit of regular pay scale. Thereafter, the petitioner was selected for undergoing training for Certificate course in Elementary Education(CETE) 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 15.04.2009 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 employees 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 is entitled to one advance increment, which was denied to her. Hence, the present writ petition. 5. Mr. Bhaumik, learned counsel for the petitioner has submitted that the instant writ petition is squarely covered by an order of this court in WP(C) No.187 of 2024 titled as Smt. Sumana Debbarma and Ors. vs. The State of Tripura and 2 Ors. and the petitioner is entitled to one advance increment. Page 3 of 3 6. Mr. Debbarma, learned Addl. GA for the respondents-State has raised no objection to this submission of the Mr. Bhaumik, learned counsel for the petitioner and has admitted that the petitioner is entitled to one increment. 7. In the light of clear admission made by the respondents-State the instant writ petition is allowed with a direction to the respondents-State to extend the benefit of one increment to the petitioner within a period of 3(three) months from today. The said benefit may be fixed notionally for the purpose of pension and the arrears may be granted to the petitioner from the date of filing of the instant writ petition. The Service Book of the petitioner may be corrected accordingly. Accordingly, the instant writ petition stands disposed. Pending application(s), if any, also stands disposed. JUDGE Snigdha SAIKAT KAR Digitally signed by SAIKAT KAR Date: 2025.01.06 16:35:27 +05'30'