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2026 DAILYLAW 476 (TRI)

Bijay Kumar Debbarma and Another v. The State of Tripura and 2 Others

WP(C)/380/2026 · 2026-06-19

T Amarnath Goud

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:THC:753 HIGH COURT OF TRIPURA _A_G_A_R_T_A_L_A_ WP(C) No.380 of 2026 1. Bijay Kumar Debbarma, son of Late Kala Chand Debbarma, resident of village-Magrai Sardar Para, PO- North Pulinpur, PS- Teliamura, District- Khowai Tripura, Pin- 799205 Age-53 years. 2. Govardhan Kalai, son of Late Biswamani Kalai, resident of village- Budhrai Kalai Para, PO- N.K.R. Para, PS- Teliamura, District- Khowai Tripura, Pin- 799205, Age-56 years. …..Petitioners _V_E_R_S_U_S_ 1. The State of Tripura, represented by the Commissioner and Secretary to the Department of Agriculture and Farmers Welfare, Government of Tripura, New Secretariat Complex, Gurkhabasti, Agartala, PO- Kunjaban, PS- New Capital Complex, Sub-Division- Sadar, District- West Tripura 2. The Director of Agriculture and Farmer's Welfare, Government of Tripura, Krishi Bhawan, Akhaura Road, PO- Agartala, PS- West Agartala, Sub- Division- Sadar, District- West Tripura. 3. The Commissioner and Secretary, Finance Department, Government of Tripura, New Secretariat Complex, Gurkhabasti, Agartala, PO- Kunjaban, PS- New Capital Complex, Sub-Division-Sadar, District-West Tripura …..Respondents For Petitioner(s) : Mr. K. Chakraborty, Advocate. For Respondent(s) : Mr. S.M. Chakraborty, A.G. Mr. P. Gautam, Sr. G.A. HON’BLE JUSTICE DR. T. AMARNATH GOUD _F_I_N_A_L_O_ R_ D_ E_ R_ 19.06.2026 Heard. [2] The present petition has been filed under Article-226 of the Constitution of India directing the respondents to grant the benefit of movement to the next higher post of Junior Engineer Grade-I with the corresponding pay scale of Rs.7,450-13,000/- w.e.f. the respective dates of completion of 4 years of service by the petitioners in the posts of junior Engineer Grade-II under the department of Agriculture, Government of Tripura w.e.f. 27.03.2000 (in case of petitioner No.1) and 25.03.2000 (in case of petitioner No.2) along with consequential benefits flowing therefrom, including arrears thereof, for the period between their aforesaid dates of retrospective movements, till the date of acceptance of their technical resignation/release by the respondents. [3] The petitioners have prayed for the 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, directing them to transmit the records, lying with them, for rendering substantive and conscionable justice to the petitioners. (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, mandating/directing them, to grant the benefit of movement to the next higher post of Junior Engineer Grade-I with the corresponding pay scale of Rs. Rs.7,450-13,000/- w.e.f. the respective dates of completion of 4 years of service by the petitioner in the posts of junior Engineer Grade-II under the department of Agriculture, Government of Tripura [i.e. w.e.f. 27.03.2000 (in case of petitioner No.1) & 25.03.2000 (in case of petitioner No.2) along with consequential benefits flowing therefrom, including arrears thereof, for the period between their aforesaid dates of retrospective movements, till the date of acceptance of their technical resignation/release by the respondents (i.e. up to 26.12.2003). (iii) Call for the records, appertaining to this writ petition. (iv) After hearing the parties, be pleased to make the rule absolute in terms of (i) & (ii) above. (v) Costs of and incidental to this proceeding.” [4] The case of the petitioner is that on 27.03.1996 & 25.03.1996, the petitioners respectively joined to the posts of Junior Engineer (Civil) (Group-C, Non-Gazetted), on ad hoc basis, in the Department of Agriculture, Government of Tripura. w.e.f. 27.03.2000 & 25.03.2000, i.e., on their respective completion of 4 years of service, the petitioners became entitled to movement to the post of Junior Engineer Grade-I, alongwith the attached pay scale of Rs.7,450-13,000/-, as per the relevant Recruitment Rules, but, the same was not granted to them. Finance Department, Government of Tripura issued Memoranda dated 02.03.1991 & 12.09.1991, making it abundantly clear that on completion of 4 years of service in the post of Junior Engineer Grade-II, the concerned employees would move to Junior Engineer Grade-I, alongwith consequential fixation of pay scale. [5] The Hon'ble Division Bench of this Hon'ble Court had also passed a Judgment & Order (Oral) dated 17.07.2013, in WP(C) No.17 of 2008, making it very much clear that a Junior Engineer 'Grade II' would be entitled to be placed to the scale of Junior Engineer 'Grade I' (i.e., Rs.7,450-13,000/-), on completion of 4 (four) years of service, if such completion is attained prior to promulgation of the Tripura State Civil Services Rules, (Revised Pay) (Fifteenth Amendment), Rules 2004, whereby the said period of 4 years was modified/amended to 8 years. The petitioners submitted detailed representations dated 05.03.2026 & 09.03.2026, praying for granting the relevant benefit. Even then, neither the same had been considered, nor, any response has been given to the petitioners. [6] Hence, the present petition has been filed by the petitioners before this Court for redress. [7] 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 representations dated 05.03.2026 & 09.03.2026 filed by the petitioners in accordance with law, facts and rights be decided 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 petitioners. [8] 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: 2026.06.22 10:41:18 +05'30'