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2026 DAILYLAW 393 (TRI)

Biswajit Sarkar v. The State of Tripura and 2 Others

WP(C)/199/2026 · 2026-05-14

T Amarnath Goud

Writ Petition (Civil)body2026

Judgment text

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TRHC010004962026 HIGH COURT OF TRIPURA _A_G_A_R_T_A_L_A_ WP(C) No.199 of 2026 1. Biswajit Sarkar, S/O- late Dhirendra Kumar Sarkar, R/O- Dhaleswar Road no- 2, near Katakhal, P.O- Dhaleswar, Agartala, West Tripura, 799007. …..Petitioner _V_E_R_S_U_S_ 1. The State of Tripura, to be represented by the Secretary, Higher Education Department, Govt of Tripura, New Secretariat Complex, Agartala, West Tripura, PIN- 799010. 2. The Director of Higher Education, Government of Tripura, Office Lane, Agartala, West Tripura PIN- 799001. 3. The Principal, Tripura Institute of Technology, Government of Tripura, Narsingarh, Agartala, West Tripura, PIN- 799009. …..Respondents For Petitioner(s) : Mr. K. Nath, Advocate. For Respondent(s) : Mr. M. Debbarma, Addl. G.A. HON’BLE JUSTICE DR. T. AMARNATH GOUD _F_I_N_A_L_O_ R_ D_ E_ R_ 14.05.2026 Heard. [2] The present petition has been filed under Article-226 of the Constitution of India directing the respondents to grant ACP-1 to the petitioner w.e.f. 17.03.2016 and MACP-II w.e.f. 17.03.2023 on completion of 10 years and 17 years continuous and satisfactory service in the same post without promotion, will all consequential benefits including pay fixation and arrears and further, quashing letter dated 03.12.2025 issue by the Branch officer, Establishment (Confirmation) Section, Directorate of Higher Education. [3] The petitioners have prayed for the following reliefs: “(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 ACP I to the Petitioner w.e.f. 17.03.2016 and MACP II w.e.f. 17.03.2023, on completion of 10 years and 17 years continuous and satisfactory service in the same post without promotion, with all consequential benefits including pay fixation and arrear. (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 quashing letter, dated, 03.12.2025, issued by the Branch Officer, Establishment (Confirmation) Section, Directorate of Higher Education. (iii) Make the rules absolute. (iv) Call for records.” [4] The facts in brief are that the petitioner has sought for necessary direction upon the respondents to grant ACP-I w.e.f. 17.03.2016 and MACP II w.e.f. 17.03.2023, on completion of 10 years and 17 years continuous and satisfactory service in the same post without promotion, with all consequential benefits including pay fixation and arrear. Hence, the present petition. [5] In view of above and having heard the learned counsel appearing for the parties without expressing any opinion on merits, this Court is of the view that ends of justice would be met if the matter is disposed of by directing the concerned respondents to consider the case of the petitioner in the light of the correspondence made by the Branch Officer, Establishment (Confirmation) Section, Directorate of Higher Education, Agartala, West Tripura on 03.12.2025 addressed to the Branch Officer, Establishment (Gazetted) Section, Higher Education as expeditiously as possible preferably within a period of three months from the date of the receipt of the copy of this order. Accordingly, the same is ordered. Further, it is made clear that whatever the decision is taken by the concerned respondents, the same may be communicated to the petitioner. [6] As such, the present petition stands disposed of. As a sequel, miscellaneous application, pending if any, shall stand closed. DR.T. AMARNATH GOUD, J A. Ghosh ANJAN GHOSH Digitally signed by ANJAN GHOSH Date: 2026.05.20 10:39:17 +05'30'