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2025 DAILYLAW 931 (TRI)

Lakshman Debnath v. The State of Tripura and another

WP(C)/392/2024 · 2025-04-07

T Amarnath Goud

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF TRIPURA AGARTALA WP(C) 392 of 2024 Sri Laksman Debnath ---Petitioner(s) Versus The State of Tripura and Another. ---Respondent(s) For Petitioner(s) : Mr. P Roy Barman, Sr. Advocate. Mr. K. Chakraborty, Advocate. For Respondent(s) : Mr. Mangal Debbarma, Addl. GA. HON’BLE MR. JUSTICE T. AMARNATH GOUD Order 07.04.2025 Heard learned counsel for the parties. 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 Mandamus and/or in the nature thereof, shall not be issued, mandating/directing them, to fix the pay scale of the petitioner at Rs.1,450-3,710/- with effect from the date, when the Tripura State Civil Services (Revised Pay) Rules 1988, came into force (i.e. w.e.f 01.01.1986), and thereupon, to grant the pay scale of Rs.1,700-3,980/- as the 1st scale up-gradation on completion of 10 years of service as the Tripura State Civil Services (Revised Pay) Rules, 1988, pay scale of Rs.6,500- 12,300/- as CAS-II on completion of total 17 years of service as the Tripura State Civil Services (Revised Pay) Rules, 1999 & Pay scale of Rs.9,570-30,000/- (with Grade Pay of Rs.3,500/-) on completion of total 25 years of service, 2009, release all the consequential benefits flowing therefrom alongwith arrears thereof, and to modify the Pension Payment order (PPO) of the petitioner, in tune therewith; ii. Call for the records, appertaining to this Writ Petition: iii. After hearing the parties be pleased to make the Rule absolute in terms of (i) & (ii) above; iv. Costs of and incidental to this proceeding v. Any other Relief (s) as to this Hon’ble High Court may deem fit and proper; It is the case of the petitioner that he is a retired Government employee, having served in the post of Surveyor, and lastly, as Senior Surveyor, under the Public Works Department, Government of Tripura. On 25.09.1978, the petitioner had initially joined as Surveyor, under the PWD, Government of Tripura, in the pay scale of Rs.260- 495/- (pre-revised pay scale of Rs.560-1,300/-). With effect from, 01.01.1986, the petitioner was re-designated as Junior Surveyor and were wrongly granted the pay scale of Rs.1,300-3,220/-, as per the ROP Rules, 1988. Vide several Judgment & Orders dated 27.04.2005, 19.08.2013, 07.12.2018, passed by this High Court, persons, exactly similarly situated to the petitioner were granted the pay scale of Rs.1,450-3,710/-, w.e.f. 01.01.1986. The petitioner submitted representations dated 05.06.2020 & 19.02.2024, requesting the respondents to fix his pay in the pay scale of Rs.1,450-3,710/-, with effect from the date, when the ROP Rules, 1988 came into force (i.e., w.e.f. 01.01.1986), and also prayed for releasing all the consequential benefits flowing therefrom. But, the same remained unheeded. Hence, this writ petition. It is seen from the record that the petitioner made a representation dated 19.02.2024 to the respondents and that has not been acted upon till date. In view of said 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 19.02.2024 in accordance with law within a period of three months from the date of receipt of copy of this order. The petitioner is at liberty to provide all the relevant materials to the respondents, if so advised. 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: 2025.04.08 16:20:15 +05'30'