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2021 Supreme(Tri) 44

S.TALAPATRA, S.G.CHATTOPADHYAY
Bidyut Kr. Deb S/o Late Bhupendra Ch. Deb – Appellant
Versus
State of Tripura – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. A. Bhowmik.
For the Respondents: Mr. D. Bhattacharjee, Mr. P. Saha.

ORDER :

1. This intra-court appeal is directed against the judgment of the learned Single Judge dated 10.07.2020 delivered in W.P. (C) No. 1303 of 2017 titled as Bidyut Kumar Deb vs. State of Tripura and Another.

2. The appellant filed the writ petition challenging the memorandum dated 17.07.2017 [Annexure-7 to the writ petition] whereby the stepping up of pay as provided by the memorandum under No. F.1(171)/STAT/ESTT/99/4693-4694 dated 18.08.2015 has been recalled by observing as follows:

    Whereas, stepping of pay of Smt. Aparna Sarkar and 3(three) others have been examined with reference to the Notification No. F.6(1)-FIN(PC)/2008 dated 23.07.2013. Para 6(b) of the Notification clearly mentioned that the stepping up of pay in the Pay Band/Grade Pay shall be done subject to the condition that both the senior and junior employees should borne in the same Cadre and the post under the same department with same line of promotion.

It has been provided that the so called junior officers got promotion earlier than that of the appellant by virtue of the accelerated promotion. As consequence thereof, under the rule of reservation, junior officers have become senior to the appellant or the simil

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