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2025 DAILYLAW 595 (TRI)

Sri Narayan Das and 4 others v. The State of Tripura and 9 others

WP(C)/121/2025 · 2025-04-24

T Amarnath Goud

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF TRIPURA AGARTALA WP(C) 121 of 2025 Sri Narayan Das and 4 Others ---Petitioner(s) Versus The State of Tripura and 9 Ors. ---Respondent(s) For Petitioner(s) : Mr. P Roy Barman, Sr. Advocate. Mr. K. Nath, Advocate. For Respondent(s) : Mr. Kohinoor N Bhattacharjee, GA. HON’BLE MR. JUSTICE T. AMARNATH GOUD Order 24.04.2025 Heard learned counsel for the parties. [2] This is a petition under Article 226 of the Constitution of India for seeking the following relief(s): 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 grant the Petitioners Pay Scale, with Grade pay in the post of Mechanics w.e.f. the date of joining in the post of Jr. Mechanics, after adjusting the payment already drawn in the post of Jr. Mechanics. ii. 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 treat the Petitioners as being appointed in the post of Mechanics. iii. Make the rules absolute. iv. Call for records. v. Pass any further order/orders as this Hon'ble High Court considered fit and proper. [3] It is the case of the petitioners that the petitioners have been selected for the post of Mechanics, offers were given for the post of Mechanics and the petitioners accepted the offer, but unfortunately appointments were given for the post of Jr. Mechanic. The petitioners submitted that the petitioners have been appointed in the post of Mechanic and for this reason, the petitioners were offered appointment for the post of Mechanic. So, the petitioners are entitled to Pay Scale, with Grade pay in the post of Mechanics w.e.f. the date of joining in the post of Jr. Mechanics, after adjusting the payment already drawn in the post of Jr. Mechanics. The petitioner No 5, though appointed in the post of Mechanics, but he is getting pay scale pertaining to the post of Jr. Mechanics. [4] The petitioners have been expecting, that, their authority will redress their grievances on its own initiative. It is very much apparent on record, that, the petitioners were selected for the post of Mechanic and the petitioners accepted the offers for the post of Mechanic. The genuine merit of grievance of the petitioners is the real issue and their authority will appreciate the genuineness of the grievance. It is also expected, that, grievances of the petitioners, which is very much apparent on the fact of the record, will be redressed by their authority. So far as redress of grievance of the petitioners is concerned, there is no time limit for seeking redressal of genuine grievance. The so called delay may not be a ground or reason for not considering grievance of the petitioners. Moreover, it may also be appreciated, that, the petitioners have been subjected to grave injustice and as a result thereof, the petitioners have/had been suffering continuous injury/wrong. [5] Aggrieved by conduct of the respondents the petitioners have filed this writ petition. [6] It is apparent from the record that the all the petitioners (1. Sri Naraya Das, 2. Goutam Paul, 3. Ranjit Debbarma, 4. Bishu Das Shil, 5. Arun Kr. Das) made their representation dated 25.04.2024, 03.04.2024, 12.04.2024, 18.05.2024, 13.05.2024 respectively for improving their pay scale for the post of Mechanics. It also surfaces from the record that the respondents have not acted upon despite such representation made from the ends of petitioners. [7] In view of above submission, without expressing any opinion on the merits of the case, this present writ petition is disposed of directing the respondents to consider the case of the petitioner in the light of the representations mentioned above in accordance with law within a period of three months from the date of receipt of copy of this order. [8] With the above observation and direction, this present writ petition stands disposed of. As a sequel, stay, if any, stands vacated. Pending application(s), if any, also stands closed. JUDGE Dipak DIPAK DAS Digitally signed by DIPAK DAS Date: 2025.04.28 10:59:04 +05'30'