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2025 DAILYLAW 1940 (TRI)

Sri Pulin Mitra and 6 Ors. v. The State of Tripura and 3 Ors.

WP(C)/585/2025 · 2025-12-18

Biswajit Palit

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF TRIPURA AGARTALA WP(C)No.585 of 2025 1. Sri Pulin Mitra, Son of Late Upendra Kumar Mitra, Resident of Badharghat, Co-Operative Para, P.O. & P.S. A.D. Nagar, District: West Tripura, PIN:799 003, Aged about- 59 years approx. 2. Sri Bibek Sarkar, Son of Late Upendra Chandra Sarkar, Resident of Kaiyadhepa, P.O. Kaiyadhepa, P.S. Madhupur, District: Sepahijala, PIN:799 102, Aged about- 49 years approx. 3. Sri Bachchan Chakma, Son of Animoy Chakma, Resident of Andharcherra, P.O. & P.S. Pecharthal, District: Unokoti, PIN:799 263, Aged about- 39 years approx 4. Sri Subir Dey, Son of Sri Sushil Dey, Resident of Katashewla, Jogendra Nagar, P.O. Jogendranagar, P.S. East Agartala, District: West Tripura, PIN:799 004, Aged about 48 years approx. 5. Sri Partha Das, Son of Late Radha Ballav Das, Resident of South Badharghat, Kanchanpalli, P.O. Siddhi Ashram, P.S. Amtali, District: West Tripura, PIN: 799 003, Aged about 47 years approx. 6. Sri Sanjit Das, Son of Late Sambhu Das, Resident of Chakmaghat, P.O. Chakmaghat, P.S. Teliamura, District: Khowai, PIN:799 205, Aged about- 48 years approx 7. Sri Samson Uchoi, Son of Andhiram Uchoi, Resident of village: Kewai Uchoi Para, P.O. Jatanbari, P.S. Nutam Bazar, District: Gomati, PIN: 799 104, Aged about 42 years approx. ---Petitioners -Vs- 1. The State of Tripura, Represented by its Secretary, Finance Department, Government of Tripura, P.O. Secretariat, P.S. New Capital Complex, District: West Tripura, PIN:799 010 2 2. The Director, Directorate of Audit, Government of Tripura, P.N. Complex, Gurkhabasti, P.O. Kunjaban, P.S. New Capital Complex, District: West Tripura, PIN:799 006 3. The Secretary, General Administration (Personnel and Training) Department, Government of Tripura, P.O. Secretariat, P.S. New Capital Complex, District: West Tripura, PIN:799 010 4. The Under Secretary, General Administration (Personnel and Training), Department, Government of Tripura, P.O. Secretariat, P.S. New Capital Complex, District: West Tripura, PIN:799 010, ---Respondent For Petitioner(s) : Mr. Arijit Bhaumik, Adv. Ms. Ishpa Chakma, Adv. For Respondent(s) : Mr. Dipankar Sharma, Addl. G.A. HON’BLE MR. JUSTICE BISWAJIT PALIT Order 18.12.2025 Heard Learned Counsel Mr. A. Bhaumik along with Ms. I. Chakma, Learned Counsel appearing for the petitioners and also heard Learned Addl. G.A. Mr. D. Sharma appearing for the respondents. 02. The present petitioners have filed this writ petition seeking the following reliefs: i. Issue Notice upon the Respondents. ii. Call for records. iii. Issue Rule calling upon the Respondents to show cause as to why the Respondents shall not be directed to extend regular promotions to the Petitioners in the post of Accounts Officers/Audit Officers w.e.f the date of adhoc promotions granted in favour of the Petitioners along with all consequential benefits. AND Issue Rule calling upon the Respondents to show cause as to why Clause 8 and it9s sub-clauses of the Promotion Policy-2021 notified vide notification dated 22nd June, 2021 which provides for granting adhoc promotion shall not be held to be illegal and thereby set aside and quashed by this Hon9ble Court and further be pleased to direct the Respondents to grant regular promotions as per the judgment and order dated 28.08.2017 passed in W.P(C)No.300/2017 as upheld by the Hon9ble Supreme Court of India in favour of the Petitioners along with all consequential benefits. iv. And after hearing the parties be pleased to make the rule absolute. 3 AND/OR Pass any other order/orders may deemed fit and proper. AND For this act of kindness your humble Petitioners as in duty bound shall ever remain grateful. 03. At the time of hearing Learned Counsel Mr. A. Bhaumik drawn the attention of the Court that the present petitioners sought for regular promotion to the post they are holding with some other reliefs which was denied and for that they filed the writ petition and in the meantime the GA (P & T) Department, Government of Tripura by a notification vide No.F.41(23)- GA(P&T)/2025, Government of Tripura dated 01.12.2025 has issued certain observation that all the promotions which were given in pursuance of the promotion policy, 2021 with effect from 22.06.2021 shall be treated as regular promotion on and from that date i.e. with effect from the date of 8ad-hoc9 promotion for the purpose of extending all service and retiral benefits as per extent rules subject to outcome of the SLP. The relevant part of the said notification runs as follows: <Whereas, the Promotion Policy, 2021 has been carefully examined by the Government and after due consideration, it has been decided to modify the said Policy as follows:- i) All promotions allowed as per the Promotion Policy, 2021 shall be treated as regular promotion with effect from the date of ad- hoc promotion for the purpose of extending all service and retiral benefits as per respective extant rules. Also, the benefits of fixation/protection of pay, allowances, etc. after such treatment, shall be provided to an employee entitled otherwise, subject to the outcome of SLP© No. 19765-19767 of 2015 pending before the Hon'ble Apex Court. ii) All pensionary benefits, including leave encashment, shall also be extended to employees on the last pay of the post from which they have retired/will retire from service on superannuation or otherwise, after availing ad-hoc promotion subject to the outcome of the SLP© No. 19765-19767 of 2015 pending before the Hon'ble Apex Court. Also, if any employee dies after availing ad-hoc promotion as per the Promotion Policy, 2021, his/her legal heirs shall also be entitled to pensionary benefits, including leave encashment etc. as permissible, subject to the outcome of SLP© No. 19765-19767 of 2015 pending before the Hon'ble Apex Court. All Departments and Heads of Departments are therefore, requested to take action accordingly.= 4 04. Learned Counsel further submitted that since the Government has decided to extend regular promotions to all the employees who are given 8ad-hoc9 promotion in pursuance of the Promotion Policy, 2021, this case may be disposed of with a direction to the official respondents to consider the case of the present petitioners for extending their regular promotion in pursuance of the said notification dated 01.12.2025 and to dispose of the case accordingly. 05. Learned Addl. G.A. appearing on behalf of the State- respondents also shared the same view and submitted that on 01.12.2025 the GA(P & T) Department has issued the said notification for extending regular promotion to the 8ad-hoc9 employees who were given 8ad-hoc9 promotion in pursuance of the Promotion Policy, 2021. 06. Since the Government of Tripura has taken a conscious decision in this regard, so no purpose would be served keeping the case pending anymore. So this writ petition accordingly stands disposed of with a direction to official respondents to consider regular promotion of the present petitioners in pursuance of the notification dated 01.12.2025 as stated above and also in accordance with norms. In view of the above, this writ petition stands disposed of accordingly. Pending application(s) if any, stands disposed of. JUDGE Moumita MOUMITA DATTA Digitally signed by MOUMITA DATTA Date: 2025.12.19 17:09:07 +05'30'