HON’BLE MR. JUSTICE BISWAJIT PALIT

Judgment & Order

Heard Learned Senior Counsel, Mr. Somik Deb assisted by Learned Counsel, Mr. Jishan Samed and Learned Counsel, Ms. Adwitiya Chakraborty appearing on behalf of the petitioner. Also, heard Learned Addl. G.A., Mr. Mangal Debbarma appearing on behalf of the respondents.

2. The present petitioner has filed this writ petition seeking the following reliefs:

i) Issue Rule, calling upon the respondents and each one of them, to show cause as to why a Writ of Certiorari and/or in the nature thereof, shall not be issued for directing the respondents, to transmit the records, lying with them, for rendering substantive and conscionable justice to the petitioner, and for quashing/setting aside the impugned Memorandum dated 05.10.2024(Annexure-10 supra) insofar as the same negates the back wages to the petitioner, and also negates the notional fixation of the petitioner, with effect from 08.04.2022, i.e., two weeks from the date of submission of the Representation of the petitioner dated 25.03.2022(Annexure-2 supra), thereby furnishing a copy of the Judgment & Order dated 22.03.2022 (Annexure-1 supra);

ii) Issue Rule, calling upon the respondents and each one of them, to show cause as to why a Writ of Mandaus and/or in the nature thereof, shall not be issued, for mandating/directing them, to forthwith revoke/rescind the impugned Memorandum dated 05.10.2024 (Annexure-10 supra) insofar as the same negates the back wages to the petitioner, and also negates the notional fixation of the petitioner, with effect from 08.04.2022, i.e. two weeks from the date of submission of the Representation of the petitioner dated 25.03.2022 (Annexure-2 supra), thereby furnishing a copy of the Judgment & Order dated 22.03.2022 (Annexure-1 supra), and thereupon, clear off the arrears of salary and allowances, payable to the petitioner, with effect from 08.04.2022, i.e. two weeks from the date of submission of the Representation of the petitioner dated 25.03.2022(Annexure-2 supra), as well as grant retrospective promotion of the petitioner, to the post of THFS, Grade-III, Deputy Director of Fisheries, in the Department of Fisheries Government of Tripura, with effect from 15.07.2023 (date of issuance of Annexure-7 supra);

iii) Call for records appertaining to this petition;

iv) After hearing the parties, be pleased to make the Order absolute in terms of i and ii, above;

AND

For this gracious act of kindness the humble petitioner abovenamed shall as in duty bound ever pray

3. At the time of hearing, Learned Counsel for the petitioner has drawn the attention of the Court referring Annexure-1 i.e. the common judgment & order dated 22.03.2022 in connection with WP(C) No.461 of 2021, WP(C) No.462 of 2021 and WP(C) No.465 of 2021 passed by a coordinate bench of this Court and submitted that by the said judgment, Learned Single Judge granted certain reliefs in favour of the petitioners. For the sake of convenience, let us reproduce herein below the relevant para No.38 of the said judgment:

“38. As a sequel, the writ petitions filed by the petitioners are allowed with the following consequential orders/directions:

i) The order of cancellation and confiscation dated 15.05.2021 directing the petitioners to return their Scheduled Caste certificates to the office of the Director for Welfare of Scheduled Castes stands set aside and quashed.

ii) It is held that the petitioners have established their claim for “Namasudra”, Scheduled Caste community.

iii) The Scheduled Caste certificates granted in favour of the petitioners stand restored and these are treated to be valid in the eye of law for all purposes.

iv) The petitioners shall be re-instated in service within a period of two weeks from the date the respondents and the employers of the petitioners shall receive a copy of this order.

v) The termination orders issued by the respective employers upon the petitioners also stand quashed having no force in the eye of law.

vi) It is