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2015 Supreme(Tri) 377

S.TALAPATRA
Ranjan Bhattacharjee – Appellant
Versus
State of Tripura – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. R.K.P. Singh, Advocate.
For the Respondents:Mr. J. Majumder, Advocate.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. The petitioner seeks benefits related to pay fixation and past service benefits as a member of the Tripura Border Wing Battalion, asserting entitlement based on previous judgments and relevant documentation (!) (!) .

  2. The court has previously directed the authorities to consider the petitioner’s representation and to dispose of it within a specified timeframe, emphasizing the importance of establishing eligibility through proper documentation (!) .

  3. The authorities have issued an order granting pay fixation and benefits to certain personnel who served in the Border Wing Home Guards Battalion, based on the court’s directions and subsequent administrative approval (!) (!) .

  4. The petitioner, who served since 1977 and was later absorbed into the police organization in 1983, claims to be similarly situated as others who received benefits, and has submitted relevant discharge certificates and documents supporting this claim (!) (!) .

  5. The respondents have contested the petitioner’s claim on the grounds that he has not submitted sufficient documentary evidence, such as the discharge certificate or proof of service, to establish his eligibility (!) .

  6. The court has directed the petitioner to submit a representation within one month, either with the discharge certificate or a sworn declaration supported by an affidavit, to facilitate verification and grant of benefits (!) (!) .

  7. The Director General of Police is instructed to verify the petitioner’s claim and grant benefits if the submitted documents or affidavits establish his service in the Border Wing Home Guards Battalion, with a timeframe of six months for decision-making from the date of submission (!) .

  8. The court disposed of the petition with a direction to the petitioner to make the necessary representation and for the authorities to consider it fairly and within the prescribed period, with no order as to costs (!) .

Please let me know if you need further analysis or specific legal advice based on these points.


ORDER

1. Heard Mr. R.K.P. Singh, learned counsel appearing for the petitioner as well as Mr. J. Majumder, learned counsel appearing for the respondents.

2. Mr. J. Majumder, learned counsel appearing for the respondents in terms of the order dated 11.06.2015, after obtaining necessary instruction has stated that in compliance of the judgment and order dated 02.06.2014, delivered in W.P. (C) No. 384 of 2010, the Director General of Police, Tripura has passed the order under No. 2311-17/R82/ DGP/LC/2010 dated 14.11.2014 by granting those petitioners who once served as the member of the erstwhile Tripura Home Guards Border Wing Battalion, the benefit of fixation of pay on extending the benefit of the past service from the date of their appointment as Border Wing Home Guards. For purpose of reference, the said order dated 14.11.2014 is reproduced hereunder:

ORDER

Subject : Order passed by Director General of Police in connection with Writ Petition (Civil) – 384 of 2010 (Sri Hemanta Kr. Nandi & Others vs. State of Tripura & Others persons who once served as members of erstwhile Tripura Home guards Border Wing Battalion, filed the above case before the Hon'ble High Court of Tripura, prayi


































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