Tripura High Court
The State Of Tripura & Another vs Sri Dipak Banerjee on 18 July, 2022
Author: Indrajit Mahanty
Bench: Indrajit Mahanty, S.G. Chattopadhyay
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HIGH COURT OF TRIPURA
AGARTALA
WA No.143 of 2021
The State of Tripura & another
...... Appellant(s)
versus
Sri Dipak Banerjee
...... Respondent(s)
For Appellant(s) : Mr. Debalay Bhattacharya, G.A., Mr. P. Saha, Advocate.
For Respondent(s) : Mr. Somik Deb, Sr. Advocate, Mr. Abir Baran, Advocate.
HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY Order 18/07/2022 (Indrajit Mahanty, C.J.) Heard Mr. Debalay Bhattacharya, learned Government Advocate appearing on behalf of the appellants-State and Mr. Somik Deb, learned senior counsel appearing for the private respondent.
Challenge in the present writ appeal has been made to an order dated 09.02.2021 in WP(C) No.750 of 2020 passed by the Hon'ble Single Judge directing as follows:
"Having noted all these observations, the respondents are directed to create the adequate number of posts in the Tripura Fire and Emergency Service Department and make appointments against those posts for introducing the system of 4 off-days in lieu of present and existing 3 off-days. After such appointment is made the respondents shall review the shift system having due regard to the Page 2 of 8 recommendation of the said committee. So far the special compensatory allowance is concerned as Tripura Fire and Emergency Service Department has on principle accepted that such compensatory allowance, equivalent to one month leave salary, be extended to the Non-Gazetted Operational staff of the said department that shall also be implemented as expeditiously as possible"
Learned Government Advocate, on behalf of the State, contended that prior to the writ petition, order of which is sought to be challenged herein, an earlier writ petition i.e. WP(C) No.364 of 2014 had come to be filed and by judgment and order dated 02.11.2017 in WP(C) No.364 of 2014, the following directions had been passed -
"Having appreciated the submissions advanced by the learned counsel for the parties and scrutinized the records produced with the writ petition and with leave of the Court, this Court is of the view that the grievances enumerated in this writ petition falls fundamentally in the domain of the executive in the matter of framing a policy for maintenance of the standard of service. It is apparent from the records that the state is alive of these difficulties faced by the fire service personnel. They have also taken some steps to ease the stress of continuous duty by introducing 3(three)-shift duty system and allowing them to enjoy off/leave days and holidays as referred above. But this Court has been persuaded to realise that further changes are required in the prevailing system. It is necessary that the best practices are introduced by carrying out a review of the present system, While reviewing the present system the predicaments of the fire service personnel are to be essentially borne in mind and easing out those be given priority.Page 3 of 8
Having observed thus, the respondents are directed to constitute a committee to make recommendation about the changes in the prevailing system whereunder the duties of the fire service personnel are regulated. While making such review, essentially the following aspects are to be assessed.
i) The daily duty hour in the system.
ii) Avoidance of duty continuously in 2(two) shifts.
iii) Adequate leave/off days for the fire service personal.
iv) Other facilities like provisioning of food items and other essential commodities.
v) Recreation at the work place.
vi) Creation of adequate posts etc. The said committee shall be constituted of one senior level officer from the Home Department and one senior level officer from the Finance Department. The said committee shall be constituted by the Principal Secretary, Home Department with the specified terms of reference in tune with the observations made above or any other ancillary terms as would be required within one month from the day of receiving copy of this order. The said committee shall furnish the report to the Director General of Fire Services within a period of 6(six) months from the day of constitution. The Director General of the Fire Service shall take necessary action on the basis of the said recommendation. However a copy of the report shall be furnished to the petitioners for their appraisal."
It appears that pursuant to this Court's direction in the aforesaid writ petition, a committee had been constituted by notification dated 09.10.2018 and the said committee had taken into account all observations made in the judgment recommended as follows: Page 4 of 8
SI. Point/Agenda of Present Status Recommendation of the No. review committee i. The daily duty At present, there are Earlier there were 2-shift hour in the system 3(three) shifts in daily duty duty systems in Fire Service hour in fire stations namely Department. Later on 3-shift Morning Shift (08'00 hrs to duty system has been 13'00 hrs) introduced. The committee Evening Shift- (13'00 hrs to observed that duration of 3 20'00 hrs) Shifts is not uniform e.g. Night Shift- Morning shift duty is of 5 (2000 hrs to 0800 hrs) hours duration, evening shift of 7 hours duration and night shift of 12 hours duration. The Committee recommends that duration of 3-shifts should be of equal hours and introduction of new shifting schedule to be decided in consultation with stakeholders of Fire Service Department.
ii. Avoidance of duty Since, there is 3(three) shift The committee is
continuously in duty is in vogue in Fire unanimously recommend
2(Two) shifts Station, the question of two that the Department should
continuous shift duty does ensure that no employee be
not arise. put under two shift duty
continuously.
iii. Adequate leave/off Fire Service Staff are The committee feels that
days for the Fire enjoying one off day for one more off days may be
Service personnel each 10 days, thus 3 off considered reducing the
days in a month. Apart from present system of one off
3 off days in a month they day for ten days to seven
also enjoy other leave as days. Thus the employees
admissible to State will be eligible for four off
Government employees e.g. days per month in place of
30 days Earned leave (E.L) present three off days per
in a year, 20 days Half pay month. The committee also
leave i.e. 10 days commuted feels that with present staff
leave on full pay, 3 strength the increase of one
Compensatory leave for off day this is not possible.
performing duties on This may be considered
National Holidays after filling up of vacant
posts and creation of new
posts in the Department.
The marginally notes type
and duration of leave
available to fire service
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department is adequate,
therefore no
recommendation on this
point also.
iv. Other facilities like
All Non-Gazetted It appears that Ration
provisioning of
employees of Fire Service Money and Kit Maintenance
food items and Department used to get Allowance (KMA)
other essentialRs.700/- as Ration Money increased during
commodities. per month and Rs.60/- as introduction of ROP as per
KMA per month. At the Tripura Pay Matrix 2017 is
time of introduction of similar to the personnel of
Tripura Pay Matrix 2017 Police Department.
(ROP) Ration money has Therefore, the committee
been increased to feels that there is no need of
@Rs.800/- per head per review of Ration money or
month and KMA @Rs.300/- KMA.
v. Recreation at the TV, Carrom Board, Chess, Since no playground is
work place Playing Cards etc are available in Fire Stations,
provided to Fire Stations the Committee recommends
from Central Stores of Fire the indoor games items to
Service Department for be sufficiently provided for
recreation of staff at the recreation purpose to all
work place. Fire Stations.
vi. Creation of 7 Fire Stations were opened The committee recommends
adequate posts etc. in the year 2017-18 without for initiating proposal for
sanction of posts for these filling up of the existing
Fire Stations. The shortage vacant posts of the
of Drivers is the main Department and creation of
concern of the department new posts as per latest
with each passing month as guidelines issued by
Drivers and Firemen are Finance Department
retiring on superannuation. Memorandum vide
Therefore, the number of No.F.9(2)-FIN(G)/2017/718
vacant posts has been on dated, the 19th December,
rise. Department has 2018.
initiated proposal creation
of new posts and filling up
of vacant posts, otherwise it
will be difficult for us to
continue 3 shift duty system
and would be liable for
contempt of High Court.
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Apart from the above, learned Government Advocate drew our attention to an additional affidavit dated 13.08.2021 filed in the present appeal appending thereto Annexure-A dated 05.06.2021 claiming that endeavour has been made by the State for creation of the posts pursuant to the directives issued by this Court in the earlier judgment cited hereinabove.
Learned counsel appearing for the respondent supported the impugned judgment and submitted that the personnel working in the Tripura Fire and Emergency Service Department are unduly stressed on account of lack of manpower and are also not in a position to utilize 3(three) days of leave that is granted to them per month on account of exigencies of duties.
He also highlights the fact that the counterparts of the writ petitioner in accordance with the rules of the State Government are entitled to 4(four) days of leave and, therefore, this amounts to fair discrimination.
After hearing the learned counsel for the respective parties and perusing the impugned order, we are of the considered view that the situation has in effect stay remain as status quo since 2014 at least. The report of the committee formed by the State Government speaks for itself.
The committee had clearly recommended not only creation of additional posts but also payment of Special Compensatory Allowance and we find no justifiable reason as to why recommendations of the committee set up by the Page 7 of 8 State ought not to have been accepted by the State and implemented accordingly. Annexure-A to the additional affidavit dated 13.08.2021 is merely recommendatory in nature. There is many a mile between a recommendation, creation of posts and filling up of the same. Mere endeavour, in our humble opinion, is inadequate. The State has to ensure that the directions of this Court are complied with for the benefit of the people of the State and the administration.
We find no justifiable cause to interfere with the directions issued by the Hon'ble Single Judge and on the other hand we find that in spite of the committee's report and in spite of recommendations, no additional post had been actually created far less filled up.
Therefore, we are of the considered view, while dismissing the appeal, to further direct the State to complete the process of creation of posts within a period of 3(three) months from today and to complete the filling up of such posts within a further period of 3(three) months thereafter. In the meantime, the benefit of Special Compensatory Allowance as directed by the Hon'ble Single Judge must be paid to the existing employees entitled to the same within a period of 1(one) month from today and arrears be paid in quarterly instalments within 1(one) year. We make it clear that the Special Page 8 of 8 Compensatory Allowance shall be paid to the existing employees till the filling up of posts as recommended by the Committee.
This writ appeal stands disposed of. Pending application(s), if any, also stands disposed of.
(S.G. CHATTOPADHYAY), J (INDRAJIT MAHANTY), CJ Pijush