Research › Search › Judgment

High Court of Tripura · body

2025 DAILYLAW 1979 (TRI)

Sudip Kumar Saha and 8 others v. The State of Tripura and 2 others

WP(C)/538/2025 · 2025-09-25

T Amarnath Goud

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF TRIPURA AGARTALA WP(C) 538 of 2025 1. Sudip Kumar Saha, son of Late Chitta Ranjan Saha, resident of village- Routhkhala, PO & PS Bishalgarh, District- Sepahijala Tripura, Pin-799102. Age-55 years. 2. Anirban Das Gupta, son of Late Gouranga Das Gupta, resident of 23- Krishnanagar, B. Roy Lane, near Bijoy Kumar Chowmuhani, PO- Agartala, PS- West Agartala, Pin-799001. Age-53 years. 3. Nilmadhab Saha, son of Late Radharaman Saha, resident of village- Debinagar, PO & PS- Ranirbazar, District- West Tripura, Pin-799035. Age-55 years. 4. Samir Chandra Das, son of Achi Ram Das, resident of Chandrapur (Manipuri Para), PO- Resham Bagan, PS- East Agartala, District- West Tripura, Pin-799008. Age-54 years. 5. Debajit Roy, son of Late Kalyan Kumar Roy, PO & PS- Kamalpur, District- Dhalai Tripura, Pin-799285. Age-56 years. 6. Ranjan Debnath, son of Late Ashutosh Debnath, resident of village & PO- Indranagar, PS- East Agartala, Pin-799145. Age-52 years. 7. Uttam Kumar Chakraborty, son of Late Haripada Chakraborty, resident of Town Kamalpur, PO & PS- Kamalpur, District- Dhalai Tripura, Pin-799285. Age-56 years. 8. Prabal Bhaumik, son of Late Satyendra Bhaumik, resident of village & PO- Dhaleswar, PS- East Agartala, Pin-799007. Age-56 years. 9. Chandan Karmakar, son of Late Debendra Chandra Karmakar, resident of village & PO- Sachindra Nagar Colony, PS- Jirania, District- West Tripura. Age- 56 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 (High)/Assistant Headmaster (HS)], in parity with the employees, serving in the posts of Post Graduate Teacher (Group-C) and Assistant Headmaster (on ad hoc promotion basis), 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 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 08.01.1997, the petitioners initially joined to the posts of Post 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 PGT. At a later stage, on the recommendation of TPSC, the petitioner Nos. 5, 6 & 7 were appointed to the posts of Assistant Headmaster (HS), and accordingly, they joined their said respective posts on 01.03.2012. Similarly, on the recommendation of TPSC, the Petitioner Nos. 1, 2, 3, 4 & 9 were appointed to the posts of Headmaster (High) and the petitioner No.8 was appointed to the post of Assistant Headmaster (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 (High)/Assistant Headmaster (HS), under Grade Pay- Rs.4,800/-, which resulted to fixation of a lesser basic of the petitioners, as compared to the PGTs. 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 PGTs. 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 12:58:02 +05'30'