HIGH COURT OF TRIPURA

AGARTALA

Cont. Cas.(C) No.33 of 2025

1. Juled Hossen (44 years)

S/O Taher Miah, resident of Maharani, Udaipur, District Gomati

Tripura, Pin 799120.

2. Sri Sudip Kar (51 years)

S/O Late Balai Chandra Kar, resident of Ushabazar, Chinaihani, P.O. Agartala Airport, P.S. Airport, District West Tripura, Pin

799009.

3. Sri Tapas Kanti Rakshit (51 years)

S/O Late Sitangshu Sekhar Rakshit, resident of Joynagar, Dashamighat, P.O. Agartala, P.S. West Agartala, District West

District, Pin 799001.

...... Petitioner(s)

V E R S U S

1. Mr. Raval Hamendra Kumar

The Secretary to the Govt. of Tripura, Department of Higher Education, Government of Tripura, Khejur Bagan, P.O. Agartala,

P.S. NCC, District West Tripura, Pin 799001.

2. Sri Apurba Roy, IAS

The Commissioner & Secretary, Department of Finance, Govt. of Tripura, New Secretariat Complex, Gorkha Basti, P.O. Kunjaban,

P.S. NCC, Dist. West Tripura, Pin 799001.

3. Sri Animesh Debbarma

The Directorate of Higher Education, Government of Tripura, Estt. (N.G) Section, Old Secretariat Complex, P.O Agartala, Dist West

Tripura.

4. Dr. Bijoy Kumar Upadhyaya,

The Principal, Tripura Institute of Technology, Narsingarh, Airport Road, Singerbil, P.O. Agartala, P.S. Airport Police Station, Dist.

West Tripura, Pin 799009.

...... Respondent(s)

For Petitioner(s) : Mrs. Sujata Deb (Gupta), Advocate.

For Respondent(s) : Mr. Mangal Debbarma, Addl. G.A.

HON’BLE MR. JUSTICE S. DATTA PURKAYASTHA

_O_R_D_E_R_

07/01/2026

Heard learned counsel of both sides.

The contempt petition has been filed for non-compliance of the judgment dated 20.08.2024 passed by a Coordinate Bench of this Court in case No.WP(C) 777 of 2023 in between Juled Hossen and others vs. the State of Tripura and others. The relevant portions of the observations of the learned Bench along with the direction made therein are extracted hereunder:

“It is further observed that the pay scale of the petitioners was wrongly fixed at the very initiation of their appointment. The Department should not overlook the fact that the Government of Tripura has decided to amalgamate the post of Junior Technician and Senior Technician and redesignate the same as “Technician” with an upgraded pay scale of Rs.4200/- to Rs.8650/-, which fact has also not been disputed by the State- respondents. However, according to the State- respondents, the relevant recruitment rules is required to be amended, which is under process. It is also stated and submitted by learned Addl. GA that as soon as it is modified, the upgraded pay scale would be granted to the petitioners.

The petitioners were appointed in the year 2009.

It was the duty and responsibility of the Education Department under the respondents to issue advertisement in terms of the ROP Rules, 2004. However, the petitioners also were not found to be serious about the matter and they have filed the instant writ petition claiming the upgraded pay scale of Rs.4200/- to Rs.8650/- only in the year 2023. However, it is equally to be considered that the delay in agitating the grievance of the writ petitioners cannot obliviate the State- respondents to discharge their own responsibilities. The department must expedite the matter because non- granting of the legitimate pay scale to the petitioners is violative of Articles 14 and 16 of the Constitution of India.

It is further submitted by learned counsel for the petitioners that other employees in the same Education Department have already been provided with the upgraded pay scale without having amendment of the relevant recruitment rules. If this be the case, then the respondents must take into consideration the above fact of granting upgranded pay scale to those employees without amending the recruitment rules in granting the upgraded pay scale to the petitioners.

For the reasons stated and discussed here-in-

above, I direct the State-respondents to remove the anomalies and grant the regular pay scale to the petitioners in accordance with law within a period of

3(three) months from today.

It is made c