Research › Search › Judgment

High Court of Tripura · body

2025 DAILYLAW 860 (TRI)

Sri Tejaram Khareshya v. The State of Tripura and 7 others

WP(C)/343/2024 · 2025-04-23

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) 343 of 2024 Sri Tejaram Khareshya ……Petitioner(s) Versus State of Tripura and others .......Respondent(s) For the Petitioner(s) : Mr. Somik Deb, Sr. Advocate Mr. Saptarshi Majumder, Adv. Mr. Pranabindu Chakraborty, Adv. Ms. Adwitiya Chakraborti, Adv. For the Respondent(s) : Mr.Kohinoor N. Bhattacharya,G.A. Mr. D. Sarma, Addl. G.A. Mr. Sagar Banik, Advocate Mr. Saugat Datta, Advocate Mr. Samar Das, Advocate Date of hearing and delivery of Judgment & order : 23.04.2025. Whether fit for reporting : No __ HON’BLE MR. JUSTICE T. AMARNATH GOUD J U D G M E N T & O R D E R(ORAL) Heard learned counsel for the respective parties. [2] This present petition is filed under Article 226 of the Constitution of India seeking following reliefs: “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, for directing them, to transmit the records, appertaining to this writ petition, lying with them, for rendering substantive and conscionable justice to the petitioner, for quasining/setting aside the impugned Table of Arrears (Annexure-11 supra); 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, for mandating/directing them, to revoke/rescind the impugned Table of Arrears (Annexure-11 supra), thereby mandating/ directing them to forthwith grant the arrears of salary & allowances, payable to the petitioner, by stepping up his pay, at par with the pro-forma respondent Nos. 7 & 8; iii. Call for the records appertaining to this writ petition; iv) After hearing the parties, be pleased to make the Rule Absolute in terms ofi. & ii above…………” [3] It is seen from record that on 7th August 2023 the Asstt. Inspector General of Police (Crime) for Director General of Police, Tripura made a communication to the Commandant, 2nd Bn. TSR, R.K. Nagar, Tripura transmitting copy of judgment & order of this Court dated 25.04.2023 passed in case No. WA 116 of 2022. In the said communication, request was made to take necessary action to comply the directions contained in the aforesaid judgment & order dated 25.04.2023 of this Court. [4] In view of the above, without going into the merits of the case this Court is directs the respondents that the aforesaid inter- departmental communication dated 7th August 2023 be attended if the same is not attended and any decision taken in pursuance thereof be communicated to the petitioner as expeditiously as possible preferably within one month from the date of receipt of the copy of this order. In the event, if the petitioner feels it necessary, he will be at liberty to approach the concerned respondent/ department alongwith all the materials in his favour and the same would be considered by the respondents. However, it is made clear that, in that case, all the exercise shall be completed within one month from the date of receipt of such information/documents from the petitioner by the respondents. It is made clear that on receipt of the decision/reply from the end of respondents, the petitioner will be at liberty to challenge the same in accordance with law and the principle of res judicata would not apply to the case of the petitioner. With the above observation, the instant petition is disposed of. As a sequel, miscellaneous application(s), pending if any, shall also stand closed. T. AMARNATH GOUD, J Sabyasachi G. SABYASACHI GHOSH Digitally signed by SABYASACHI GHOSH Date: 2025.04.25 11:19:30 +05'30'