SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2017 Supreme(Tri) 89

IN THE HIGH COURT OF TRIPURA, AGARTALA
S. TALAPATRA, J.
Shri Tapan Kumar Choudhuri, son of late Gopal Chandra Choudhury – Petitioner
Versus
The State of Tripura & Ors. – Respondents
W.P(C) No.278 of 2015
Decided On : 12-01-2017

Advocates Appeared:
For the Petitioner:Mr. D. Saha, Advocate
For the Respondents No.1,2 & 3:Ms. A.S. Lodh, Addl. G.A, Ms. P. Dhar, Advocate, Mr. S.M. Chakraborty, Sr. Advocate Mr. Suman Bhattacharji, Advocate

Headnote:

Notification - Financial Benefits - Justice Shetty Commission Recommendations - Writ Petition

Fact of the Case:

The petitioner, a retired Head Clerk, sought financial benefits based on notifications and judgments related to the Justice Shetty Commission recommendations. The court considered the petitioner's entitlement to one advance increment and the upgradation of his post.

Finding of the Court:

The court found that the petitioner had received the benefits in accordance with the Justice Shetty Commission recommendations and the apex court's orders. The court dismissed the writ petition as infructuous.

Issues: Entitlement to financial benefits based on Justice Shetty Commission recommendations and related notifications.

Ratio Decidendi: The petitioner's entitlement to financial benefits was determined based on the notifications and judgments related to the Justice Shetty Commission recommendations.

Final Decision: The court dismissed the writ petition, finding that the petitioner had already received all the benefits in accordance with the Justice Shetty Commission recommendations and the apex court's orders.

JUDGMENT & ORDER :

1. Heard Mr. D. Saha, learned counsel appearing for the petitioner as well as Ms. A.S. Lodh, learned Addl. G.A. appearing for the respondents No.1,2 & 3, Ms. P. Dhar, learned counsel appearing for the respondent No.4 and Mr. S.M. Chakraborty, learned senior counsel assisted by Mr. Suman Bhattacharji, learned counsel appearing for the respondents No.5 to 9.

2. By means of this petitioner who has retired from the service as the Head Clerk [Record Keeping] on 30.10.2006 [afternoon] has urged this court for direction on the respondents to act on the basis of the notification under No.3(2)-FIN(PC)/93(P-II) dated 23.05.2014 and in terms of the judgments dated 15.07.2008 and 07.10.2009 delivered in I.A. No.71A, I.A. Nos.135-136, I.A. Nos.137-138, I.A. No.142 and I.A. No.226 arising from W.P.(C) No.1022 of 1989 giving the benefits accrued therefrom w.e.f. 01.04.2003. It has been further urged to declare the letter dated F.13(I)(2)-HC/2015/3778-83 dated 15.06.2015 issued by the Registrar (Vigilance) of this court as incomplete, arbitrary and no-nest in the eye of law. It has been further to declare the order under No.F.10(152)(B)-DJ/W/2007-14/5320-38 dated 29.05.2014 issued by the District & Sessions Judge, West Tripura, Agartala as regard the partial implementation of the recommendations of Justice Shetty Commission for the judicial employees working in the sub-ordinate judiciary as contrary to the direction in the said orders. The petitioner has again urged that the judgment dated 07.10.2009 delivered in I.A No.71A, I.A. Nos.135-136, I.A. No.137-138, I.A. No.142 and I.A. No.226 arising from W.P.(C) No.1022 of 1989 be given full effect to and the benefits be given from 01.04.2003. By way of amendment the further reliefs have been incorporated in the writ petition viz. to quash the memorandum under No.F.2(4)-LAW/ESTT.2/2012 dated 10.02.2014 issued by the Deputy Secretary, Law, Government of Tripura as that is coming in conflict with the said order in the course of implementation of the benefits. It has been further urged to declare the notification has No.F.3(2)-FIN(PC)/93(P-III) dated 10.09.2015 issued by the Joint Secretary to the Government of Tripura as arbitrary and unconstitutional inasmuch as the said notification has taken away certain benefits as granted by the Shetty Commission recommendations.

3. Before filing this writ petition, the petitioner had approached this court by filing a writ petition being W.P.(C) No.69 of 2012. The said writ petition was disposed of by the order dated 12.06.2014 having regard to the notification dated 23.05.2014 as by the said notification, the respondents No.1,2 & 3 had adopted a new approach. The relevant part of the said notification dated 23.05.2014 is extracted hereunder:

“Earlier decision regarding implementation of the Judgment dated 15-07-2008 and dated 07-10-2009 of the Hon’ble Supreme Court in IA 71A, 135-138, 142 & 226 in connection with WP(C) No.1022/1989 (All India Judges Association Vs. The Union of India & others) following various recommendations of Shetty Commission in respect of Subordinate Judiciary staff communicated vide this Department earlier Notification of even number dated 02-01-2012 has been reviewed and it has been decided to give the benefits with effect from 1st April, 2003.”

As such, the relief as prayed by the petitioner to give the financial benefits from 01.04.2003 had become infructuous.

4. On the basis of the said notification, the District & Sessions Judge, West Tripura, Agartala had given the benefits from 01.04.2003 in terms of the memorandum under No.F.2(4)-LAW/ ESTT.2/2012 dated 10.02.2014, Annexure-A to the writ petition, issued by the Law Department, Government of Tripura. The different categories of posts in the sub-ordinate judiciary were upgraded in compliance to the order of the apex court in I.As No.71A, 135-138, 142 and 226 arising from W.P.(C) No.1022/1989 [All India Judges Association Vs. Union of India & others] pursuant to the rec





























































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top