Dismissed

Dipa Rani Deb v. the State of Tripura and Ors.

Tripura HC24 Oct 2017WP(C)/772/2017

Case brief

AI extract

What is this about?

This court consolidated two writ petitions filed by school mothers seeking pension benefits. The court observed that the Government had issued a memorandum extending past service benefits to the petitioners following earlier precedents. Finding the petitions infructuous, the court dismissed them as benefits were granted.

What did the court decide?

The writ petitions were disposed of as infructuous with no order as to costs.

Dipa Rani Deb Vs the State of Tripura and Ors. — Pension and Retirement Benefits | Tripura HC (2017)

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IN THE HIGH COURT OF TRIPURA A G A R T A L A

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W.P.(C) No.772 of 2017

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W.P.(C) No.774 of 2017

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In W.P.(C) No.772 of 2017

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Petitioner:

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Smti. Dipa Rani Deb, wife of Sri Subhash Dev of South Deocharra, Block Ward No.1, P.O. Panisagar, District : North Tripura

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By Advocate :

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Mr. R. Dutta, Advocate

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– V e r s u s –

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Respondents :

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1. The State of Tripura, represented by its Secretary Cum Commissioner, Department of Social Welfare and Social Education, Government of Tripura, New Capital Complex, P.O. Kunjaban, Agartala, West Tripura

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2. The Director, Department of Social Welfare and Social Education, Government of Tripura, Abhoynagar, Agartala, P.O. Abhoynagar

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3. The Principal Secretary, Finance Department, Government of Tripura, New Capital Complex, Agartala, West Tripura

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4. The Child Development Project Officer, North Deocharra AWC, Panisagar ICDS Project, Panisagar, North Tripura

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5. The Senior Accounts Officer, India Audit and Accounts Department, Office of the Accountant General (A & E), Kunjaban, Tripura, Agartala

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By Advocate :

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[2]

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Mr. T.D. Majumder, G.A Mr. H. Deb, ASGI

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In W.P.(C) No.774 of 2017

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Petitioner:

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Smti. Bimalamayee Nath, wife of Sri Akhil Chandra Nath of Tilthai, Dharmanagar, P.O. Tilthai Natunbazar, District : North Tripura

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By Advocate :

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Mr. R. Dutta, Advocate

– V e r s u s –

Respondents :

2. The Director, Department of Social Welfare and Social Education, Government of Tripura, Abhoynagar, Agartala, P.O. Abhoynagar

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3. The Principal Secretary, Finance Department, Government of Tripura, New Capital Complex, Agartala, West Tripura

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4. The Child Development Project Officer, North Deocharra AWC, Panisagar ICDS Project, Panisagar, North Tripura

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5. The Senior Accounts Officer, India Audit and Accounts Department, Office of the Accountant General (A & E), Kunjaban, Tripura, Agartala

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By Advocate :

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W.P.(C) No.772 of 2017 &

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W.P.(C) No.774 of 2017

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Page 2 of 5

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[3]

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Mr. T.D. Majumder, G.A Mr. H. Deb, ASGI

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BEFORE THE HON’BLE MR. JUSTICE S. TALAPATRA

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Date of delivery of : 24.10.2017 Judgment & Order

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Whether fit for reporting : Yes No √

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JUDGMENT & ORDER (ORAL)

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Heard Mr. R. Dutta, learned counsel appearing for the petitioner as well as Mr. T.D. Majumder, learned G.A. appearing for the respondents No.1 to 4 and Mr. H. Deb, learned ASGI appearing for the respondent No.5.

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[2] These two writ petitions being W.P.(C) No.772 of 2017 [Smti. Dipa Rani Deb vs. the State of Tripura & Ors.] & W.P.(C) No.774 of 2017 [Smti. Bimalamayee Nath vs. the State of Tripura & Ors.] are consolidated for disposal by a common judgment and order inasmuch as the similar reliefs are sought in these writ petitions in the identical conspectus of facts.

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[3] Mr. T.D. Majumder, learned G.A. at the outset has submitted that both the writ petitions have become infructuous in view of the memorandum No.F.22(4)-DSWE/CONF/2016/3987(96) dated 20.09.2017 issued by the Education (Social Welfare & Social

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W.P.(C) No.772 of 2017 &

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W.P.(C) No.774 of 2017

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Page 3 of 5

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[4]

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Education) Department, Government of Tripura, Ujan Abhoynagar,

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Agartala. The entire memorandum is extracted hereunder :

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Government of Tripura Education (Social Welfare & Social Education) Department Ujan Abhoynagar, Agartala

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No. F.22(4)-DSWE/CONF/2016/3987(96)

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Dated, Agartala, the 20^th Sept’2017

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MEMORANDUM

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The Governor of Tripura is pleased to extend similar benefits to 39 School Mothers (as per Annexure enclosed), as extended to 4 (four) retire School Mothers (serial no.6,9,13 & 17) in the light of judgment and orders of the Hon’ble High Court of Tripura in WP(C)-77 of 2015 and WP(C)-288, 763 and 951 of 2016, for counting of their service prior to their regularization for the purpose of calculating qualifying service for pension and other retiral benefits.

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2. The concerned Head of Office and DDOs are requested to take necessary action and to consider their (i.e., 39 cases, in addition to 4 cases) past services which they have rendered on fixed pay basis before the date of regularization of their services, for preparation of proposal for their pension and processing of other retiral benefits. Accordingly, their pension proposal may be sent to the Accountant General, Tripura immediately.

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3. This is issued in pursuance of the Memorandum vide No.F.1(50)-GA(CAB)/2005, dated 12.09.2017 of General Administration (Confidential & Cabinet) Department, Government of Tripura.

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Enclo : As stated above

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S/d not elligible Additional Secretary Social Welfare & Social Education Deptt., Tripura”

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A list of the school mothers [Annexure] who would be

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entitled to the said benefit has been enclosed with the said memorandum dated 20.09.2017. In the said list, the name of Smti. Dipa Rani Deb, the writ petitioner of WP(C) No. 772 of 2017 appears at Serial No.33 and the name of Smti. Bimalamayee Nath the writ petitioner of WP(C) No. 774 of 2017 appears at Serial No.37.

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W.P.(C) No.772 of 2017 &

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W.P.(C) No.774 of 2017

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Page 4 of 5

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[5]

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[4] Since the government has taken its policy decision to grant the benefit of their past services before their regularisation, for purpose of counting the qualifying service for pension and other retiral benefits in the manner as provided in the memorandum dated 20.09.2017 and the petitioners do not have any reservation about that policy, these petitions have become infructuous. It is made clear that the petitioners will be entitled to get the benefit of their past service rendered before their regularisation and they will be entitled to the pension and other retiral benefits in terms thereof. Needless to say that the petitioners will get the arrear pension from the date when they retired on superannuation or otherwise in terms of CCS (Pension) Rules, 1972, as adopted by the Government of Tripura.

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Accordingly, these writ petitions are disposed of as

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infructuous.

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There shall be no order as to costs.

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JUDGE

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Sabyasachi. B

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W.P.(C) No.772 of 2017 &

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W.P.(C) No.774 of 2017

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Dipa Rani Deb v. the State of Tripura and Ors.

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Dipa Rani Deb v. the State of Tripura and Ors.

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