Sibani Bandyopadhyay W/o Dr. Sujit Kumar Bhattacharya v. State of Tripura, through the Secretary to Government of Tripura, High Education Department
2016-09-23
S.C.DAS
body2016
DigiLaw.ai
JUDGMENT AND ORDER : 1. By filing this writ petition the petitioner prayed for the following reliefs:- (i) Issue Rule NISI upon the respondents to show cause as to why a writ of Certiorari or in the nature thereof shall not be issued cancelling/quashing the Notification dated 21.5.2011, (Annexure-P/7) (ii) As to why Clause-viii of para-4 of the Notification dated 2.2.2010(Annexure-P/6) and Memo dated 4.1.2013 (Annexure-P/9) shall not be cancelled/quashed; (iii) As to why the Memorandum dated 4.1.2013 shall not be cancelled being arbitrary, unreasonable, unauthorized and discriminatory one; (iv) Issue writ of Mandamus or in the nature thereof commanding upon the State respondents to restore 3(three) non compounded increments with arrears already given to the petitioner after acquiring the Ph.D Degree and withdrawn subsequently in arbitrary and unreasonable, unconstitutional and Whimsical manner. (v) In the interim pass order restraining the State respondents from recovering any amount from the petitioner consequent upon the arbitrary, illegal and unconstitutional withdrawal of the 3(three) non-compounded increments from the pay of the petitioner following the Memorandum dated 4.1.2013 (Annexure-P/10); (vi) Any other appropriate order or direction as this Hon'ble Court deems fit and proper may kindly be passed. 2. Heard learned senior counsel, Mr. S.M. Chakraborty assisted by learned counsel, Ms. P. Sen for the petitioner and learned Addl. G.A., Mr. S. Chakraborty for the respondents. 3. At the very outset learned senior counsel, Mr. Chakraborty submitted that the case of the petitioner is well covered by the judgment dated 15.10.2015 passed by this Court in WP (C) No. 374 of 2011. According to Mr. Chakraborty the relief which the petitioner sought in this writ petition has already been given to the petitioners of WP (C) No. 374 of 2011 and the said WP (C) No. 374 of 2011 was disposed of with directions to submit a representation to the respondent No. 3, the Director of Higher Education seeking the relief. 4. In WP (C) No. 374 of 2011 there were four petitioners and according to Mr. Chakraborty those petitioners and the present petitioner are similarly situated. That writ petition was disposed of with the following directions:- “(10) Mr. Chakraborty, learned Addl. G.A., appearing for the State respondents submits that he has no information whether as per the scheme, the petitioners are not entitled to the benefit, as prayed for, or not. He is also not in a position to say whether Dr.
That writ petition was disposed of with the following directions:- “(10) Mr. Chakraborty, learned Addl. G.A., appearing for the State respondents submits that he has no information whether as per the scheme, the petitioners are not entitled to the benefit, as prayed for, or not. He is also not in a position to say whether Dr. Anjali Chakraborty, Dr. Shyamal Debnath and others were provided three (3) non compounded increments for acquiring Ph.D. or not, as stated by the petitioners. (11) In view of the above and as agreed to by Ms. Deb Gupta, learned counsel for the petitioners, the petitioners are directed to submit a representation before the Directorate of Higher Education, the respondent No. 3 herein, stating all their grievances and also showing the names of the other similar situated persons who were provided three (3) non compounded increments for securing the degree of Ph.D., within a period of 15 days and the respondent No. 3 shall consider the same within 1 month from the date of receipt of the same and at the time of consideration if it is found that the petitioners are similarly situated like Dr. Anjali Chakraborty, Dr. Shyamal Debnath and others and also the petitioner No. 3, then the petitioners shall also be provided the same benefits.” 5. Learned senior counsel, Mr. Chakraborty further submits that the present petition also may be disposed of by giving similar direction that the petitioner, if so advised, may file a representation to the respondent No. 3 seeking appropriate reliefs, stating therein the grievance of the petitioner as stated in the present writ petition and also stating the instance of others, who have already been given the benefits as claimed in the writ petition. He has also submitted that pursuant to order dated 15.10.2015 the writ petitioners of WP (C) No. 374 of 2011 submitted representation to respondent No. 3 and considering that representation those petitioners have been allowed the relief sought by them and that the present petitioner is similarly situated. 6. Learned Addl. G.A., Mr.
He has also submitted that pursuant to order dated 15.10.2015 the writ petitioners of WP (C) No. 374 of 2011 submitted representation to respondent No. 3 and considering that representation those petitioners have been allowed the relief sought by them and that the present petitioner is similarly situated. 6. Learned Addl. G.A., Mr. S. Chakraborty fairly submitted that if the present petitioner and the petitioners of WP (C) No. 374 of 2011 are similarly situated in that case the present petitioner may make representation ventilating her grievance sighting the case of the others for consideration of respondent No. 3 and in that case the respondent No. 3 will definitely consider the prayer according to law. 7. In view of the above submission of the learned counsel of the both side, the writ petition is disposed of with a direction that the petitioner shall submit a representation to the Director of Higher Education (respondent No. 3) stating her grievance and also showing the names of other similarly situated persons who have been provided the benefit as per their claim, by the respondents and such petition should be made within 15 days from today and the respondent No. 3 shall consider the same within one month from the date of making representation on merit and the petitioner should enclose a copy of the Judgment dated 15.10.2015 in WP (C) No. 374 of 2011 and also mention the names of other similarly situated persons who have been given the similar benefits supported by document, if any. 8. With the above direction, the writ petition stands disposed of.