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2025 DAILYLAW 1946 (TRI)

Ruma Nandi and 13 others v. The State of Tripura and 3 others

WP(C)/537/2025 · 2025-09-25

T Amarnath Goud

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF TRIPURA AGARTALA WP(C) 537 of 2025 1. Ruma Nandi, daughter of Late Rasaraj Nandi, resident of Dakbanglow Road, PWD Quarter-IV/25, PO & PS- R.K. Pur, Udaipur, District- Gomati Tripura, Pin-799120. Age-54 years. 2. Kishor Datta, son of Late Santosh Kr. Datta, resident of village & PO- Dhaleswar, Road No. 16, PS- East Agartala, District- West Tripura, Pin- 799007. Age-55 years. 3. Jayanti Majumdar, daughter of Late Rasamoy Majumdar, resident of Udaipur, PO & PS- R.K. Pur, Udaipur, District- Gomati Tripura, Pin-799120. Age-50 years. 4. Samir Das, son of Sri Hiralal Das, resident of Subhash Nagar, Das Para, PO- Birendra Nagar, PS- Jirania, District- West Tripura, Pin-799045, Age-50 years. 5. Gobardhan Debnath, son Narayan Chandra Debnath, resident of village- Bashpukur, PO & PS- Jatrapur, District- Sepahijala Tripura, Pin-799131. Age-51 years. 6. Gopa Datta, daughter of Lt. Manish Datta, resident of village- Muddapara, PO- Khayerpur, PS- Bodhjang Nagar, Jirania, District- West Tripura, Pin- 799008. Age-56 years. 7. Pulak Baidya, son of Jaharlal Baidya, resident of near Sporting Club, PO- Ramnagar, PS- West Agartala, District- West Tripura, Pin-799002. Age-53 years. 8. Subir Chakraborty, son of Late Sukumar Chakraborty, PO- Dhaleswar Road No. 12, PS- East Agartala, District- West Tripura, Pin-799007. Age-53 years. 9. Mihirbijoy Bhaumik, son of Late Sachindra Ch. Bhowmik, resident of Joynagar, Dashamighat, PO- Agartala, PS- West Agartala, District- West Tripura, Pin-799001. Age-54 years. 10. Pankaj Dalal, son of Late Sachindra Dalal, resident of village- Ranir Gaon, PO- Majlishpur, PS- Ranir Bazar, District- West Tripura, Pin-799035. Age-55 years. 11. Debasish Bhaumik, son of Late Chitta Ranjan Bhaumik, PO & PS- R.K. Pur, Udaipur, District- Gomati Tripura, Pin- 799120. Age-55 years. 12. Swapan Das, son of Late Aswini Das, resident of village- Muhuripur RF, PO- Muhuripur, PS- Baikhora, District- South Tripura, Pin-799142. Age-52 years. 13. Narayan Paul, son of Chitta Ranjan Paul, Krishnanagar, Old Kalibari Lane, near Skylark Club, Ker Chowmuhani, PO- Agartala, PS- West Agartala, District- West Tripura, Pin-799001. Age-53 years. 14. Uttam Kumar Debnath, son of Late Sachindra Ch Debnath, PO- AD Nagar, Bardowali, Agartala, District- West Tripura, Pin-799003. Age-53 years. ---Petitioner(s) Versus 1. The State of Tripura, represented by the Secretary to the Education (School) Department, Government of Tripura, New Secretariat Complex, Gurkhabasti, Agartala, PO- Kunjaban, PS- New Capital Complex, Sub- Division- Sadar, District- West Tripura. 2. The Secretary, Finance Department, Government of Tripura, New Secretariat Complex, Gurkhabasti, Agartala, PO- Kunjaban, PS- New Capital Complex, Sub-Division- Sadar, District- West Tripura. 3. The Director of Secondary Education, Government of Tripura, Shiksha Bhavan, Office Lane, PO- Agartala, PS- West Agartala, Sub-Division- Sadar, District- West Tripura. ---Respondent(s) For Petitioner(s) : Mr. P Roy Barman, Sr. Advocate. Mr. S. Bhattacharjee, Advocate. Mr. K. Nath, Advocate. Mr. Dipjyoti Paul, Advocate. Ms. Aradhita Debbarma, Advocate. Mr. Koomar Chakraborty, Advocate. For Respondent(s) : Mr. K. De, Addl. GA. HON’BLE JUSTICE DR. T. AMARNATH GOUD Order 25.09.2025 [1] This is a petition under Article 226 of the Constitution of India for seeking the following relief(s): (i) Issue Rule, calling upon the Respondents and each one of them, to show cause as to why a Writ of Certiorari and/or in the nature thereof, shall not be issued, directing them, to transmit the records, lying with them, for rendering substantive and conscionable justice to the Petitioners, (ii) Issue Rule, calling upon the Respondents and each one of them, to show cause as to why a Writ of Mandamus and/or in the nature thereof, shall not be issued, mandating/directing them, to fix the respective basic pays of the Petitioners [serving in the posts of Headmaster/Headmistress (High) and Assistant Headmaster/Assistant Headmistress (HS)], in parity with the employees, serving in the posts of Graduate Teacher (Group-C), with effect from the date the relevant pay anomaly/pay disparity arose (i.e., w.e.f. 01.10.2018), alongwith all consequential benefits flowing therefrom, including arrears thereof; (iii) Call for the records, appertaining to this Writ (iii) Petition; (iv) After hearing the parties, be pleased to make the Rule absolute in terms of (i) & (ii) above; (v) Costs of and incidental to this proceeding (vi) Any other Relief(s) as to this Hon'ble High Court (vi) may deem fit and proper [2] It is the case of the petitioners that on the diverse dates of 16.09.1996, 10.05.1997, 17.04.1997 & 16.04.1997, the petitioners initially joined to the posts of Graduate Teachers, under the Education Department, Government of Tripura, on a consolidated fixed pay. With effect from 01.04.1999, the petitioners were granted regular pay scales attached with the post of GT. At a later stage, on the recommendation of TPSC, the petitioner Nos. 1, 3, 4, 7, 8, 9, 10, 11, 12 & 13 were appointed to the posts of Headmaster/ Headmistress (High) and the petitioner Nos. 2, 5, 6 & 14 were appointed to the posts of Assistant Headmaster/Assistant Headmistress (HS), and accordingly, they joined their said respective posts on 26.07.2015. On 01.10.2018, the Tripura State Civil Services (Revised Pay) (First Amendment) Rules, 2018 came into effect alongwith the Tripura State Pay Matrix, 2018 with a reduced multiplication factor of 2.55 for the posts of Headmaster/Headmistress (High) and Assistant Headmaster/ Assistant Headmistress (HS), under Grade Pay-Rs.4,800/-, which resulted to fixation of a lesser basic of the petitioners, as compared to the GTs. Being aggrieved thereby, in the year 2021, the petitioners approached Lok Adalat, but their grievances remained unsettled by the respondents. During the period between 2022-2025, the petitioners submitted several representations, urging for removing the pay anomaly, by fixing their respective basic pays at par with GTs. But, in vain. Hence, this Writ Petition. [3] Without entering into the merits of the case, the writ petition stands disposed of with a direction to the respondent No. 3 to consider the case of the petitioners as expeditiously as possible and in accordance with law. The petitioners are at liberty to submit their grievances afresh to the respondents along with all relevant documents in support of their claim. On receipt of such claims, the respondents shall consider and dispose of the same in accordance with law within a period of three months from the date of receipt of a copy of this order. [4] With the above observations and directions, the present writ petition stands disposed of. As a sequel, interim order, if any, stands vacated. Pending application(s), if any, also stand(s) closed. JUDGE Dipak DIPAK DAS Digitally signed by DIPAK DAS Date: 2025.09.26 12:57:46 +05'30'