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2022 Supreme(Tri) 228
HIGH COURT OF TRIPURA AGARTALA
Arindam Lodh, J.
Dipti Rani Das - Appellant
Versus
State of Tripura & Ors. - Respondents
Writ Petition (C) No. 946 of 2021
Decided On : 19-12-2022
Koomar Chakraborty, Advocate, K. De, Advocate
Entitlement to career progression benefits was confirmed based on the appointment date, requiring payment of dues as per admission by the respondents.
Headnote:(A) Service Laws - Assured Career Progression Scheme (ACP) - The petitioner entitled to ACP-1 and MACP-2 on specific dates based on appointment date of 27.08.2002 - Respondents admitted entitlement in their counter-affidavit. (Paras 2, 3)
(B) Writ Petition - Court directed payment of dues within a stipulated timeframe. (Paras 4, 5)
Facts of the case:
The petitioner claimed entitlement to career progression benefits, which the respondents confirmed in their affidavit.
Findings of Court:
Court directed the respondents to pay ACP-1 and MACP-2 with arrears within three months.
Issues: Whether the petitioner was entitled to the ACP and MACP benefits as claimed.
Ratio Decidendi: The court upheld the petitioner's entitlement based on the respondents' admissions, ordering the appropriate remuneration within a specified period.
Result: Writ petition allowed and disposed.
| Table of Content |
|---|
| 1. petitioner entitled to acp-1 and macp-2 based on appointment date. (Para 1 , 2) |
| 2. respondents admit entitlement to acp-1 and macp-2. (Para 3) |
| 3. court directs payment of dues. (Para 4) |
| 4. writ petition allowed and disposed. (Para 5) |
JUDGMENT
Arindam Lodh, J. - Heard Mr. Koomar Chakraborty, learned counsel appearing for the petitioner. Also heard Mr. K. De, learned counsel appearing for the respondents-State.
2. The grievance of the petitioner is that she was entitled to get ACP-1 and MACP-2 on 27.08.2012 and 27.08.2019 respectively, as her date of appointment in service was 27.08.2002.
3. On going through the counter-affidavit filed by the respondents, it is found that the respondents at para 15 have stated thus:-
'15. That, with regard to para 2.21 of the Writ Petition, I say that, according to the ROP in force at that time, the Petitioner was also entitled to get ACP 1 and MACP 2 on 27.08.2012 and 27.08.2019 respectively, as her date of appointment was 27.08.2002.'
4. In view of this admission, I direct the respondents to pay the ACP-1 and MACP-2 in favour of the petitioners with all arrears she is entitled to within a period of 3(three) months from today after completing all formalities in her service book.
5. With the above directions, the instant writ petition stands allowed and thus, disposed.
