Smt. Koyel Debbarma v. The State of Tripura and 2 others
WP(C)/250/2025 · 2025-05-15
T Amarnath Goud
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 805 (TRI) · dailylaw.ai ]
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[ 2025 DAILYLAW 805 (TRI) · dailylaw.ai ]
Judgment text
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HIGH COURT OF TRIPURA AGARTALA
WP(C) 250 of 2025 Smt. Koyel Debbarma ---Petitioner(s) Versus
The State of Tripura and 2 Ors. ---Respondent(s)
For Petitioner(s)
: Mr. Arijit Bhaumik, Advocate. For Respondent(s)
:
Mr. K. De, Addl. GA. HON’BLE MR. JUSTICE T. AMARNATH GOUD
Order 15.05.2025
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 notice upon the Respondents. ii. Call for the Records. iii. Issue Rule calling upon the Respondents to show cause as to why the Petitioner shall not be granted the benefit of one increment under Note- 2 of Rule 13 (1) (v) of the TSCS (RP) Rules, 2009 with effect from the date the Petitioner was brought over to the regular pay scale. AND Issue Rule calling upon the Respondents to show cause as to why the Petitioner shall not be granted the arrears of financial benefit pursuant to extension of one increment in favour of the Petitioner as per Note 2 of Rule 13(1) (v) of TSCS (RP) Rules, 2009 as per the judgment and order dated 28.05.2024 passed in W.P (C) No. 187 of 2024 (Annexure 5 to this Writ Petition). iv. And after hearing the parties, be pleased to make the rule absolute. v. Pass any further Order/Orders as deemed fit and proper by the Hon'ble Court. [3]
By way of filing this writ petition the petitioner urges this court to direct the respondents to grant one increment in favour of the petitioner as per Note-2 of Rule 13(1) (v) of the TSCS (Revised Pay) Rules, 2009 introduced vide TSCS (5th Amendment) Rules, 2009 notified vide Notification dated 06.01.2011 w.e.f. 01.01.2006. The petitioner further seek a writ of Certiorari for setting aside the memorandum dated 6th July, 2011 issued by the Finance Department,
Government of Tripura whereby a decision has been taken to provide lumsump benefit as training incentive in lieu of increment. The petitioner was appointed as a Post Graduate Teacher in Bengali Subject under the Department of School Education, Govt. of Tripura vide Memorandum dated 30.03.2007 and accordingly the petitioner joined in service pursuant to the aforesaid offer of appointment. The petitioner was initially appointed on fixed pay basis keeping the regular pay scale in abeyance as per Govt. Policy.
It is highlighted that the petitioner was appointed pursuant to advertisement as per the Recruitment Rules against sanctioned post of Post Graduate Teacher carrying regular pay scale but such regular pay scale was not extended to the petitioner at the time of initial appointment. Hence this writ petition. [4]
It is seen from the record that a representation dated 17.04.2025 was made to the respondents by the petitioner herein but it is also apparent from the record that no action has yet been taken on the said representation compelling the petitioner to approach before this court for seeking relief. [5]
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 representation dated 17.04.2025 in accordance with law within a period of three months from the date of receipt of copy of this order. [6]
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: 2025.05.17 14:50:09 +05'30'