Tripura High Court
Sri Saroj Bhattacharjee vs The State Of Tripura on 5 March, 2018
Author: S. Talapatra
Bench: S. Talapatra
THE HIGH COURT OF TRIPURA
AGARTALA
REV. PET.55/2017, REV. PET.06/2018, REV. PET.07/2018,
REV. PET.08/2018, REV. PET.09/2018, REV. PET.10/2018,
REV. PET.11/2018, REV. PET.12/2018, REV. PET.13/2018,
REV. PET.14/2018, REV. PET.15/2018, REV. PET.16/2018,
REV. PET.17/2018, REV. PET.18/2018, REV. PET.19/2018,
REV. PET.20/2018, REV. PET.21/2018, REV. PET.22/2018,
REV. PET.24/2018, REV. PET.25/2018, REV. PET.26/2018,
REV. PET.29/2018, REV. PET.30/2018, REV. PET.31/2018,
REV. PET.32/2018, REV. PET.33/2018, REV. PET.34/2018,
REV. PET.35/2018, REV. PET.36/2018, REV. PET.37/2018,
Rev. Pet. 55/2017
Sri Saroj Bhattacharjee,
son of Sri Samarendra Bhattacharjee,
resident of village Bhati Abhoynagar,
P.O. Agartala, P.S. West Agartala,
District: West Tripura.
............ Petitioner
Versus
1. The State of Tripura, represented by the
Secretary & Commissioner to the
Government of Tripura, Department of
Finance, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
2. The Commissioner & Secretary,
Department of Home, Government of
Tripura, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
3. The Director General of Police,
Government of Tripura,
Having his office at Police Headquarters,
P.O. Agartala, P.S. West Agartala, Sub-
Division-Agartala, West Tripura.
...........Respondents
For the petitioner : Ms. S Deb Gupta, Advocate
For the respondents : Mr. S Chakraborty, Addl. GA
Page 1 of 35
Review Pet. 06/2018
Sri Satya Bikas Biswas,
son of late Jatindra Mohan Biswas,
resident of village 178-B, Police Quarter,
P.O. A.D. Nagar, Sub-Division: Agartala,
District: West Tripura, PIN-799003
............ Petitioner
Versus
1. The State of Tripura, represented by the
Secretary & Commissioner to the
Government of Tripura, Department of
Finance, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
2. The Commissioner & Secretary,
Department of Home, Government of
Tripura, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
3. The Director General of Police,
Government of Tripura,
having his office at Police Headquarters,
P.O. Agartala, P.S. West Agartala, Sub-
Division-Agartala, West Tripura.
...........Respondents
Review Pet. 07/2018
Sri Pradip Chaudhuri,
son oflLate Radha Raman Chaudhuri,
resident of Village Milan Sangha,
P.O. & P.S. A.D. Nagar, Sub-Division:
Agartala, District: West Tripura.
............ Petitioner
Versus
1. The State of Tripura, represented by the
Secretary & Commissioner to the
Government of Tripura, Department of
Finance, having his office at New
Page 2 of 35
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
2. The Commissioner & Secretary,
Department of Home, Government of
Tripura, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
3. The Director General of Police,
Government of Tripura,
having his office at Police Headquarters,
P.O. Agartala, P.S. West Agartala, Sub-
Division-Agartala, West Tripura.
...........Respondents
Review Pet. 08/2018
Sri Rajib Debnath,
Son of Sri Gopal Debnath,
resident of village Sonamura,
P.O. Rajarbagh, P.S. R.K. Pur,
District: Gomati, Tripura, PIN-799120
............ Petitioner
Versus
1. The State of Tripura, represented by the
Secretary & Commissioner to the
Government of Tripura, Department of
Finance, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
2. The Commissioner & Secretary,
Department of Home, Government of
Tripura, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
3. The Director General of Police,
Government of Tripura,
Page 3 of 35
having his office at Police Headquarters,
P.O. Agartala, P.S. West Agartala, Sub-
Division-Agartala, West Tripura.
...........Respondents
Review Pet. 09/2018
Sri Manash Paul,
son of late Manik Lal Paul,
resident of village Ramnagar Road No.1,
P.O. Ramnagar, P.S. West Agartala,
Sub-Division: Sadar, District: West
Tripura,
PIN-799002
............ Petitioner
Versus
1. The State of Tripura, represented by the
Secretary & Commissioner to the
Government of Tripura, Department of
Finance, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
2. The Commissioner & Secretary,
Department of Home, Government of
Tripura, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
3. The Director General of Police,
Government of Tripura,
having his office at Police Headquarters,
P.O. Agartala, P.S. West Agartala, Sub-
Division: Agartala, West Tripura.
...........Respondents
Review Pet. 10/2018
Sri Biswajit Ghosh,
son of late Narendra Chandra Ghosh,
resident of village Dhaleshwar Road
No.3, P.O. Dhaleshwar, P.S. East
Page 4 of 35
Agartala, Sub-Division: Agartala,
District: West Tripura, PIN-799007.
............ Petitioner
Versus
1. The State of Tripura, represented by the
Secretary & Commissioner to the
Government of Tripura, Department of
Finance, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
2. The Commissioner & Secretary,
Department of Home, Government of
Tripura, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
3. The Director General of Police,
Government of Tripura,
having his office at Police Headquarters,
P.O. Agartala, P.S. West Agartala, Sub-
Division-Agartala, West Tripura.
...........Respondents
Review Pet. 11/2018
Sri Subhrangshu Bhattacharya,
son oflLate Bishnupada Bhattacharya,
resident of village Jogendranagar,
P.O. Jogendranagar, P.S. East Agartala,
Sub-Division: Agartala, District: West
Tripura, PIN-799004
............ Petitioner
Versus
1. The State of Tripura, represented by the
Secretary & Commissioner to the
Government of Tripura, Department of
Finance, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
Page 5 of 35
2. The Commissioner & Secretary,
Department of Home, Government of
Tripura, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
3. The Director General of Police,
Government of Tripura,
having his office at Police Headquarters,
P.O. Agartala, P.S. West Agartala, Sub-
Division-Agartala, West Tripura.
...........Respondents
Review Pet. 12/2018
Sri Binoy Saha,
son of late Makhan Lal Saha,
resident of village Police Quarter
Complex,
Quarter No. C/50, A.D. Nagar,
P.O. & P.S. A.D. Nagar,
Sub-Division-Sadar, District: West
Tripura,
PIN - 799003
............ Petitioner
Versus
1. The State of Tripura, represented by the
Secretary & Commissioner to the
Government of Tripura, Department of
Finance, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
2. The Commissioner & Secretary,
Department of Home, Government of
Tripura, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
3. The Director General of Police,
Government of Tripura,
Page 6 of 35
Having his office at Police Headquarters,
P.O. Agartala, P.S. West Agartala, Sub-
Division-Agartala, West Tripura.
...........Respondents
Review Pet. 13/2018
Sri Jahangir Hossen,
son of late Sheikh Ahmed,
resident of village North Chandrapur,
P.O. South Chandrapur, P.S. R.K. Pur,
Sub-Division: Udaipur, District: Gomati,
PIN-799120.
............ Petitioner
Versus
1. The State of Tripura, represented by the
Secretary & Commissioner to the
Government of Tripura, Department of
Finance, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
2. The Commissioner & Secretary,
Department of Home, Government of
Tripura, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
3. The Director General of Police,
Government of Tripura,
having his office at Police Headquarters,
P.O. Agartala, P.S. West Agartala, Sub-
Division: Agartala, West Tripura
...........Respondents
Review Pet. 14/2018
Sri Subrata Debnath,
son of Sri Gouranga Chandra Debnath,
resident of village Ranirbazar Ward No.1,
P.O. Ranirbazar, P.S. Ranirbazar, Sub-
Division: Jirania, District: West Tripura,
PIN-799035
............ Petitioner
Page 7 of 35
Versus
1. The State of Tripura, represented by the
Secretary & Commissioner to the
Government of Tripura, Department of
Finance, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
2. The Commissioner & Secretary,
Department of Home, Government of
Tripura, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
3. The Director General of Police,
Government of Tripura,
having his office at Police Headquarters,
P.O. Agartala, P.S. West Agartala, Sub-
Division-Agartala, West Tripura
...........Respondents
Review Pet. 15/2018
Sri Badal Dutta,
son of late Gopal Chandra Dutta,
resident of village A.D. Nagar, Road
No.7,
P.O. & P.S. A.D. Nagar, Sub-Division:
Agartala, District: West Tripura
............ Petitioner
Versus
1. The State of Tripura, represented by the
Secretary & Commissioner to the
Government of Tripura, Department of
Finance, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
2. The Commissioner & Secretary,
Department of Home, Government of
Tripura, having his office at New
Page 8 of 35
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
3. The Director General of Police,
Government of Tripura,
having his office at Police Headquarters,
P.O. Agartala, P.S. West Agartala, Sub-
Division: Agartala, West Tripura
...........Respondents
Review Pet. 16/2018
Sri Shyam Babu Sinha,
son of late Upendra Sinha,
resident of village Abhoynagar (near
Life- Drop Centre), P.O. Abhoynagar,
P.S. East Agartala, Sub-Division:
Agartala, District: West Tripura.
............ Petitioner
Versus
1. The State of Tripura, represented by the
Secretary & Commissioner to the
Government of Tripura, Department of
Finance, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
2. The Commissioner & Secretary,
Department of Home, Government of
Tripura, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
3. The Director General of Police,
Government of Tripura,
having his office at Police Headquarters,
P.O. Agartala, P.S. West Agartala, Sub-
Division: Agartala, West Tripura
...........Respondents
Page 9 of 35
Review Pet. 17/2018
Sri Jiban Chandra Saha,
son of late Noni Gopal Saha,
resident of village PHQ Quarter Complex,
Quarter No. C-40, Fire Service
Chowmuhani, P.O. & P.S. R.K. Pur, Sub-
Division: Agartala, District: West
Tripura, PIN-799001
............ Petitioner
Versus
1. The State of Tripura, represented by the
Secretary & Commissioner to the
Government of Tripura, Department of
Finance, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
2. The Commissioner & Secretary,
Department of Home, Government of
Tripura, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
3. The Director General of Police,
Government of Tripura,
having his office at Police Headquarters,
P.O. Agartala, P.S. West Agartala, Sub-
Division: Agartala, West Tripura
...........Respondents
Review Pet. 18/2018
Sri Naru Gopal Deb,
son of late Sachindra Chandra Deb,
resident of village Barabill,
P.O. Singhicherra, P.S. Khowai,
District: Khowai
............ Petitioner
Versus
Page 10 of 35
1. The State of Tripura, represented by the
Secretary & Commissioner to the
Government of Tripura, Department of
Finance, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
2. The Commissioner & Secretary,
Department of Home, Government of
Tripura, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
3. The Director General of Police,
Government of Tripura,
Having his office at Police Headquarters,
P.O. Agartala, P.S. West Agartala, Sub-
Division-Agartala, West Tripura
...........Respondents
Review Pet. 19/2018
Sri Jayanta Kumar Roy
son of late Benode Behari Roy,
resident of Village Badharghat,
P.O. Siddhi Ashram, P.S. A.D. Nagar,
Sub-Division: Agartala, District:
West Tripura, PIN-799001
............ Petitioner
Versus
1. The State of Tripura, represented by the
Secretary & Commissioner to the
Government of Tripura, Department of
Finance, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
2. The Commissioner & Secretary,
Department of Home, Government of
Tripura, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Page 11 of 35
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
3. The Director General of Police,
Government of Tripura,
having his office at Police Headquarters,
P.O. Agartala, P.S. West Agartala, Sub-
Division: Agartala, West Tripura
...........Respondents
Review Pet. 20/2018
Sri Sanjit Sen,
son of Sri Sadananda Sen,
resident of village Nalchar,
P.O. Melaghar, P.S. Melaghar,
Sub-Division: Sonamura,
District: Sepahijala Tripura, PIN-799115
............ Petitioner
Versus
1. The State of Tripura, represented by the
Secretary & Commissioner to the
Government of Tripura, Department of
Finance, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
2. The Commissioner & Secretary,
Department of Home, Government of
Tripura, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
3. The Director General of Police,
Government of Tripura,
having his office at Police Headquarters,
P.O. Agartala, P.S. West Agartala, Sub-
Division: Agartala, West Tripura
...........Respondents
Review Pet. 21/2018
Sri Rajib Saha,
son of late Santosh Chandra Saha,
Page 12 of 35
resident of village Kasharipatty,
P.O. Agartala, P.S. East Agartala,
Sub-Division: Agartala,
District: West Tripura, PIN-799001
............ Petitioner
Versus
1. The State of Tripura, represented by the
Secretary & Commissioner to the
Government of Tripura, Department of
Finance, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
2. The Commissioner & Secretary,
Department of Home, Government of
Tripura, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
3. The Director General of Police,
Government of Tripura,
having his office at Police Headquarters,
P.O. Agartala, P.S. West Agartala, Sub-
Division: Agartala, West Tripura
...........Respondents
Review Pet. 22/2018
Sri Ruhul Alam
son of Sri Ali Ahmed,
resident of village Arabinda Nagar,
P.O. Purathal Rajnagar,
P.S. Bishalgarh,
District: Sepahijala Tripura
............ Petitioner
Versus
1. The State of Tripura, represented by the
Secretary & Commissioner to the
Government of Tripura, Department of
Finance, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Page 13 of 35
Capital Complex, Sub-Division-Sadar,
District: West Tripura.
2. The Commissioner & Secretary,
Department of Home, Government of
Tripura, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
3. The Director General of Police,
Government of Tripura,
having his office at Police Headquarters,
P.O. Agartala, P.S. West Agartala, Sub-
Division: Agartala, West Tripura
...........Respondents
Review Pet. 24/2018
Sri Tushar Kanti Bhattacharjee,
son of late Thakurdas Bhattacharjee,
resident of village CTI (H/G & CD),
East Gokulnagar, P.O. Bishalgarh,
P.S. Bishalgarh, Sub-Division: Agartala,
District: Sepahijala, Tripura.
............ Petitioner
Versus
1. The State of Tripura, represented by the
Secretary & Commissioner to the
Government of Tripura, Department of
Finance, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
2. The Commissioner & Secretary,
Department of Home, Government of
Tripura, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
3. The Director General of Police,
Government of Tripura,
Page 14 of 35
having his office at Police Headquarters,
P.O. Agartala, P.S. West Agartala, Sub-
Division: Agartala, West Tripura.
...........Respondents
Review Pet. 25/2018
Sri Nandalal Das,
son of late Naresh Chandra Das,
resident of North Nayapara,
P.O. & P.S. Dharmanagar,
District: North Tripura, PIN-799250
............ Petitioner
Versus
1. The State of Tripura, represented by the
Secretary & Commissioner to the
Government of Tripura, Department of
Finance, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
2. The Commissioner & Secretary,
Department of Home, Government of
Tripura, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
3. The Director General of Police,
Government of Tripura,
having his office at Police Headquarters,
P.O. Agartala, P.S. West Agartala, Sub-
Division: Agartala, West Tripura
...........Respondents
Review Pet. 26/2018
Smt. Nira Nath,
wife of late Niranjan Nath,
resident of Netajipara,
P.O. Dighalbag, P.S. Dharmanagar,
District: North Tripura, PIN-799250
............ Petitioner
Page 15 of 35
Versus
1. The State of Tripura, represented by the
Secretary & Commissioner to the
Government of Tripura, Department of
Finance, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
2. The Commissioner & Secretary,
Department of Home, Government of
Tripura, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
3. The Director General of Police,
Government of Tripura,
having his office at Police Headquarters,
P.O. Agartala, P.S. West Agartala, Sub-
Division: Agartala, West Tripura
...........Respondents
Review Pet. 29/2018
Sri Haripada Sinha,
son of late Golapbabu Sinha,
resident of Rajbari, Tilthai Road,
P.O. Rajbari, P.S. Dharmanagar,
District: North Tripura, PIN-799253
............ Petitioner
Versus
1. The State of Tripura, represented by the
Secretary & Commissioner to the
Government of Tripura, Department of
Finance, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
2. The Commissioner & Secretary,
Department of Home, Government of
Tripura, having his office at New
Secretariat Complex, Gorkhabasti,
Page 16 of 35
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
3. The Director General of Police,
Government of Tripura,
having his office at Police Headquarters,
P.O. Agartala, P.S. West Agartala, Sub-
Division: Agartala, West Tripura
...........Respondents
Review Pet. 30/2018
Sri Smt. Ruma Chakraborty
(Bhattacharjee),
wife of late Swapan Bhattacharjee,
resident of South Badharghat
(NIMBARK),
P.O. ONGC, P.S. Amtali,
District: West Tripura, PIN-799014
............ Petitioner
Versus
1. The State of Tripura, represented by the
Secretary & Commissioner to the
Government of Tripura, Department of
Finance, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
2. The Commissioner & Secretary,
Department of Home, Government of
Tripura, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
3. The Director General of Police,
Government of Tripura,
having his office at Police Headquarters,
P.O. Agartala, P.S. West Agartala, Sub-
Division: Agartala, West Tripura
...........Respondents
Page 17 of 35
Review Pet. 31/2018
Sri Gopal Sinha,
son of late Dhananjoy Sinha,
resident of near Golden Valley School,
P.O. Rajbari, P.S. Dharmanagar,
District: North Tripura, PIN-799253
............ Petitioner
Versus
1. The State of Tripura, represented by the
Secretary & Commissioner to the
Government of Tripura, Department of
Finance, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
2. The Commissioner & Secretary,
Department of Home, Government of
Tripura, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
3. The Director General of Police,
Government of Tripura,
having his office at Police Headquarters,
P.O. Agartala, P.S. West Agartala, Sub-
Division: Agartala, West Tripura
...........Respondents
Review Pet. 32/2018
Sri Bidhu Bhushan Das,
son of Late Jatindra Mohan Das,
resident of PragatiRoad,
Vivekananda Sarani, Nayapara,
P.O. & P.S. Dharmanagar,
District: North Tripura, PIN-799250
............ Petitioner
Versus
1. The State of Tripura, represented by the
Secretary & Commissioner to the
Government of Tripura, Department of
Finance, having his office at New
Page 18 of 35
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
2. The Commissioner & Secretary,
Department of Home, Government of
Tripura, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
3. The Director General of Police,
Government of Tripura,
having his office at Police Headquarters,
P.O. Agartala, P.S. West Agartala, Sub-
Division: Agartala, West Tripura
...........Respondents
Review Pet. 33/2018
Md Abdul Hamid,
son of late Makaddach Ali,
resident of Bilthai, P.O. Bilthai,
P.S. Panisagar, District: North Tripura,
PIN-799260
............ Petitioner
Versus
1. The State of Tripura, represented by the
Secretary & Commissioner to the
Government of Tripura, Department of
Finance, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
2. The Commissioner & Secretary,
Department of Home, Government of
Tripura, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
3. The Director General of Police,
Government of Tripura,
Page 19 of 35
having his office at Police Headquarters,
P.O. Agartala, P.S. West Agartala, Sub-
Division: Agartala, West Tripura
...........Respondents
Review Pet. 34/2018
Sri Hiralal Paul,
son of late Mukunda Chandra Paul,
resident of Sukanta Sarani, Thana Road,
P.O. & P.S. Dharmanagar,
District: North Tripura, PIN-799250
............ Petitioner
Versus
1. The State of Tripura, represented by the
Secretary & Commissioner to the
Government of Tripura, Department of
Finance, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
2. The Commissioner & Secretary,
Department of Home, Government of
Tripura, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
3. The Director General of Police,
Government of Tripura,
having his office at Police Headquarters,
P.O. Agartala, P.S. West Agartala, Sub-
Division: Agartala, West Tripura
...........Respondents
Review Pet. 35/2018
Smt. Kanika Debbarma,
wife of Late Bhuban Debbarma,
resident of Chanmari, Near Rubber
Board,
Opposite Chakmaagam, P.O. Bankumari,
P.S. East Agartala, District: West Tripura
............ Petitioner
Page 20 of 35
Versus
1. The State of Tripura, represented by the
Secretary & Commissioner to the
Government of Tripura, Department of
Finance, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
2. The Commissioner & Secretary,
Department of Home, Government of
Tripura, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
3. The Director General of Police,
Government of Tripura,
having his office at Police Headquarters,
P.O. Agartala, P.S. West Agartala, Sub-
Division: Agartala, West Tripura
...........Respondents
Review Pet. 36/2018
Sri Chandmani Sinha,
son of late Parikhit Sinha,
resident of Rajbari, Mandap Para,
P.O. Rajbari, P.S. Dharmanagar,
District: North Tripura, PIN-799253
............ Petitioner
Versus
1. The State of Tripura, represented by the
Secretary & Commissioner to the
Government of Tripura, Department of
Finance, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
2. The Commissioner & Secretary,
Department of Home, Government of
Tripura, having his office at New
Secretariat Complex, Gorkhabasti,
Page 21 of 35
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
3. The Director General of Police,
Government of Tripura,
having his office at Police Headquarters,
P.O. Agartala, P.S. West Agartala, Sub-
Division: Agartala, West Tripura
...........Respondents
Review Pet. 37/2018
Sri Pradyut Chandra Datta,
son of Promesh Chandra Datta,
resident of Nutanpatti,
P.O. & P.S. Dharmanagar,
District: North Tripura, PIN-799250
............ Petitioner
Versus
1. The State of Tripura, represented by the
Secretary & Commissioner to the
Government of Tripura, Department of
Finance, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
2. The Commissioner & Secretary,
Department of Home, Government of
Tripura, having his office at New
Secretariat Complex, Gorkhabasti,
Agartala, P.O. Kunjaban, P.S. New
Capital Complex, Sub-Division-Sadar,
District-West Tripura.
3. The Director General of Police,
Government of Tripura,
having his office at Police Headquarters,
P.O. Agartala, P.S. West Agartala, Sub-
Division: Agartala, West Tripura
...........Respondents
For the petitioner : Mr. S. Deb, Sr. Advocate
Mr. Somik Deb, Advocate
For the respondents : Mr. S Chakraborty, Addl. GA
Page 22 of 35
BEFORE
HON'BLE MR. JUSTICE S. TALAPATRA
Date of hearing & delivery
Of Judgment & order : 05.03.2018
Whether fit for reporting : NO
JUDGMENT AND ORDER (ORAL)
Heard Ms. S. Deb Gupta, learned counsel appearing for the review petitioner in Rev. Pet. No.55 of 2017, who has sought for review of the judgment and order dated 20.02.2017 (Annexure-I to the review petition, being Rev. Pet. No.55/2018) delivered in WP(C) No.575/2016 and other writ petitions. Also heard Mr. Somik Deb, learned counsel appearing for the review petitioners in Rev. Pet. No.24/2018, Rev. Pet. No.25/2018, Rev. Pet. No.26/2018, Rev. Pet. No.29/2018, Rev. Pet. No.30/2018, Rev. Pet. No.31/2018, Rev. Pet. No.32/2018, Rev. Pet. No.33/2018, Rev. Pet. No.34/2018, Rev. Pet. No.35/2018, Rev. Pet. No.36/2018 and Rev. Pet. No.37/2018, who has urged this court to review the judgment and order dated 03.12.2015 (Annexure-I to the lead review petition, being Rev. Pet. No.24/2018) delivered in WP(C) No.144/2005, WP(C) No.189/2006, WP(C) No.230/2005, WP(C) No.215/2006, WP(C) No.356/2005, WP(C) No.443/2006 and WP(C) No.177/2005. It is to be noted here that Mr. Somik Deb, learned counsel also appears in Rev. Pet. No.6/2018, Rev. Pet. No.7/2018, Rev. Pet. No.8/2018, Rev. Pet. No.9/2018, Rev. Pet. No.10/2018, Rev. Pet. No.11/2018, Rev. Pet. No.12/2018, Rev. Pet. No.13/2018, Rev. Pet. No.14/2018, Rev. Pet. No.15/2018, Rev. Pet. No.16/2018, Rev. Pet. No.17/2018, Rev. Pet. Page 23 of 35 No.18/2018, Rev. Pet. No.19/2018, Rev. Pet. No.20/2018, Rev. Pet. No.21/2018 and Rev. Pet. No.22/2018, where the common judgment dated 20.02.2017 (Annexure-I to the lead review petition, being Rev. Pet. No.6/2018) delivered in WP(C) No.491/2016 and other writ petitions, has been sought to be reviewed. The said judgment and order dated 20.02.2017 since has been passed by this court, the review petitions ordinarily be heard by this court. Also heard Mr. S. Chakraborty, learned Addl. Govt. Advocate appearing for the respondents.
2. In this back-drop, all these review petitions, being Rev. Pet. No.55/2017, Rev. Pet. No.6/2018, Rev. Pet. No.7/2018, Rev. Pet. No.8/2018, Rev. Pet. No.9/2018, Rev. Pet. No.10/2018, Rev. Pet. No.11/2018, Rev. Pet. No.12/2018, Rev. Pet. No.13/2018, Rev. Pet. No.14/2018, Rev. Pet. No.15/2018, Rev. Pet. No.16/2018, Rev. Pet. No.17/2018, Rev. Pet. No.18/2018, Rev. Pet. No.19/2018, Rev. Pet. No.20/2018, Rev. Pet. No.21/2018, Rev. Pet. No.22/2018, Rev. Pet. No.24/2018, Rev. Pet. No.25/2018, Rev. Pet. No.26/2018, Rev. Pet. No.29/2018, Rev. Pet. No.30/2018, Rev. Pet. No.31/2018, Rev. Pet. No.32/2018, Rev. Pet. No.33/2018, Rev. Pet. No.34/2018, Rev. Pet. No.35/2018, Rev. Pet. No.36/2018 and Rev. Pet. No.37/2018, are confined for disposal by a common judgment.
3. Ms. S. Deb Gupta, learned counsel appearing for the review petitioner in Rev. Pet. No.55/2017 (Sri Saroj Bhattacharjee Vs. The State of Tripura & Ors.) has submitted that the review petitioner was appointed as the Sub-Inspector of Police on 03.06.1997. In terms Page 24 of 35 of the memorandum under No.F.4(32)-FIN(GC)92(L-I) dated 07.11.1992, the initial pay scale of Sub-Inspector of Police was modified to `1450-3710 and thus the pay scale of the review petitioner being a Sub-Inspector of Police was initially fixed at `1450- 3710. Since the petitioner has got the unrevised pay scale of `1450- 3710 as per the said memorandum dated 07.11.1992, the petitioner is further entitled to get the scale of pay of `1700-3980 or its corresponding scale of pay of `7450-13000 under the Tripura State Civil Services (Revised Pay) Rules, 1999 or its subsequent upgraded pay scale. There is also no embargo in providing the pay scale of `1700-3980 or its corresponding scale of `7450-13000 to the petitioner on his completion of 10(ten) years of service as Sub- Inspector of Police without promotion. According to Ms. Deb Gupta, learned counsel, the observation that those who are appointed as Sub-Inspector of Police after 01.01.1996 will not be entitled to get the benefit of the pay scale CAS-1 at `1700-3980 or its corresponding scale of pay of `7450-13000 has created an anomalous situation and this finding is not commensurate to the provisions of the ROP Rules. Finally, Ms. Deb Gupta, learned counsel has submitted that the Sub- Inspector of Police who were appointed in the scale of pay of `1450- 3710 after completion of 10(ten) years of service, would get the CAS- 1 scale of `1700-3980 or its corresponding scale of pay of `7450- 13000 or its subsequent CAS-2 scale, even if they were appointed after 01.01.1996. She has further submitted that, that part of the said judgment dated 20.02.2017 needs to be reviewed to bring the observation harmonious to the provisions of ROP Rules, but she has Page 25 of 35 admitted that the submission was not meticulously made in this regard at the time of hearing of the said batch of the writ petitions.
4. Mr. Somik Deb, learned counsel appearing for the batch of review petitions, except Rev. Pet. No.55/2017, has submitted that by the memorandum under No.F.4(32)-FIN(GC)92(L-I) dated 07.11.1992, the pay scale of Sub-Inspector of Police was revised from `1300-3220 to `1450-3710 w.e.f. 01.11.1992. The date of effect in respect of the said pay scale was interfered with by this court for the persons who were appointed before 01.11.1992. The effect of the revision was given from 01.01.1986 in terms of the ROP Rules, 1988, but the modification of the scale of pay of `1300-3200 to `1450-3710 w.e.f. 01.11.1992. Mr. Deb, learned counsel has confirmed before this court that the State Government has accepted the judgment pursuant to which, it was decreed to give effect of the said modified scale w.e.f. 01.01.1986 and has implemented the same. Even the apex court has affirmed the common judgment dated 10.01.2006 delivered in RSA No.44/2003, RSA No.45/2003, RSA No.46/2003 and RSA No.47/2003 passed by the Gauhati High Court, which has the jurisdiction over the subject matter at the relevant point of time. He has fairly submitted that the equation of pay is a fundamental right for the similar incumbents discharging duties and responsibilities in the same cadre or posts. Thus, the observation as made that the persons who were appointed after 01.01.1996 will not be entitled to the benefit of the revision of scale of `7450-13000 has created an anomalous situation, which requires re-consideration. The Sub-Inspector of Police who were appointed in the pay scale of `1450-3710, for continuation in the Page 26 of 35 same post for 10(ten) years without any promotion, they will be entitled to the pre-revised scale of `1700-3980 or its corresponding revised scale of `7450-13000 under the ROP Rules, 1999. Further on completion of 17(seventeen) years of service in the post of Sub- Inspector of Police without any promotion thereof, they would be entitled to move to the pre-revised scale of `2000-4410 or its corresponding revised scale under the ROP Rules, 1999. Mr. Deb, learned counsel has further submitted that the pre-revised scale of `2000-4410 is to be fitted by way of revision in the scale of `10000- 15100. For purpose of further reference, the review petitioners' date of joining as the Sub-Inspector of Police, as provided by the learned counsel for the parties, are shown in a tabular form:
Sl. Review Petition Name of the Writ Date of
No. arising out of Writ petitioner appointment as
Petition Sub-Inspector of
Police
1. Rev. Pet. No.55/2017 Sri Saroj Bhattacharjee 03.06.1997
arising out of
WP(C) No.575/2016
2. Rev. Pet. No.6/2018 Sri Satya Bikas Biswas 03.06.1997
arising out of
WP(C) No.824/2016
3. Rev. Pet. No.7/2018 Sri Pradip Chaudhuri 01.02.2000
arising out of
WP(C) No.561/2016
4. Rev. Pet. No.8/2018 Sri Rajib Debnath 14.06.2000
arising out of
WP(C) No.803/2016
5. Rev. Pet. No.9/2018 Sri Manash Paul 01.02.2000
arising out of
WP(C) No.811/2016
6. Rev. Pet. No.10/2018 Sri Biswajit Ghosh 01.02.2000
arising out of
WP(C) No.557/2016
7. Rev. Pet. No.11/2018 Sri Subhrangshu 01.02.2000
arising out of Bhattacharya
WP(C) No.808/2016
8. Rev. Pet. No.12/2018 Sri Binoy Saha 01.02.2000
arising out of
WP(C) No.527/2016
Page 27 of 35
9. Rev. Pet. No.13/2018 Sri Jahangir Hossen 01.02.2000
arising out of
WP(C) No.529/2016
10. Rev. Pet. No.14/2018 Sri Subrata Debnath 01.02.2000
arising out of
WP(C) No.823/2016
11. Rev. Pet. No.15/2018 Sri Badal Dutta 01.02.2000
arising out of
WP(C) No.810/2016
12. Rev. Pet. No.16/2018 Sri Shyam Babu Sinha 01.02.2000
arising out of
WP(C) No.572/2016
13. Rev. Pet. No.17/2018 Sri Jiban Chandra Saha 01.02.2000
arising out of
WP(C) No.528/2016
14. Rev. Pet. No.18/2018 Sri Naru Gopal Deb 01.02.2000
arising out of
WP(C) No.805/2016
15. Rev. Pet. No.19/2018 Sri Jayanta Kumar Roy 01.02.2000
arising out of
WP(C) No.809/2016
16. Rev. Pet. No.20/2018 Sri Sanjit Sen 01.02.2000
arising out of
WP(C) No.812/2016
17. Rev. Pet. No.21/2018 Sri Rajib Saha 01.02.2000
arising out of
WP(C) No.579/2016
18. Rev. Pet. No.22/2018 Sri Rahul Alam 01.02.2000
arising out of
WP(C) No.573/2016
19. Rev. Pet. No.24/2018 Sri Tushar Kanti 26.07.1979
arising out of Bhattacharjee
WP(C) No.443/2005
20. Rev. Pet. No.25/2018 Sri Nandalal Das 21.01.1987
arising out of
WP(C) No.443/2005
21. Rev. Pet. No.26/2018 Smt. Nira Nath 21.01.1977
arising out of [wife of the deceased]
WP(C) No.443/2005
22. Rev. Pet. No.29/2018 Sri Haripada Sinha 26.07.1979
arising out of
WP(C) No.443/2005
23. Rev. Pet. No.30/2018 Smt. Ruma Chakraborty 21.01.1977
arising out of (Bhattacharjee)
WP(C) No.443/2005 [wife of the deceased]
24. Rev. Pet. No.31/2018 Sri Gopal Sinha 11.09.1981
arising out of
WP(C) No.443/2005
25. Rev. Pet. No.32/2018 Sri Bidhu Bhusan Das 04.12.1987
arising out of
WP(C) No.443/2005
26. Rev. Pet. No.33/2018 Md. Abdul Hamid 28.09.1989
arising out of
WP(C) No.443/2005
Page 28 of 35
27. Rev. Pet. No.34/2018 Sri Hiralal Paul 26.07.1979
arising out of
WP(C) No.443/2005
28. Rev. Pet. No.35/2018 Smt. Kanika Debbarma 28.09.1989
arising out of [wife of the deceased]
WP(C) No.443/2005
29. Rev. Pet. No.36/2018 Sri Chandmani Sinha 25.10.1989
arising out of
WP(C) No.812/2016
30. Rev. Pet. No.37/2018 Sri Pradyut Chandra 18.10.1989
arising out of Datta
WP(C) No.812/2016
5. Mr. Deb, learned counsel has submitted that in the other review petitions, being Rev. Pet. No.24/2018 (Sri Tushar Kanti Bhattacharjee Vs. The State of Tripura & Ors.), Rev. Pet. No.25/2018 (Sri Nandalal Das Vs. The State of Tripura & Ors.), Rev. Pet. No.26/2018 (Smt. Nira Nath Vs. The State of Tripura & Ors.), Rev. Pet. No.29/2018 (Sri Haripada Sinha Vs. The State of Tripura & Ors.), Rev. Pet. No.30/2018 (Smt. Ruma Chakraborty (Bhattacharjee) Vs. The State of Tripura & Ors.), Rev. Pet. No.31/2018 (Sri Gopal Sinha Vs. The State of Tripura & Ors.), Rev. Pet. No.32/2018 (Sri Bidhu Bhusan Das Vs. The State of Tripura & Ors.), Rev. Pet. No.33/2018 (Md. Abdul Hamid Vs. The State of Tripura & Ors.), Rev. Pet. No.34/2018 (Sri Hiralal Paul Vs. The State of Tripura & Ors.), Rev. Pet. No.35/2018 (Smt. Kanika Debbarma Vs. The State of Tripura & Ors.), Rev. Pet. No.36/2018 (Sri Chandmani Sinha Vs. The State of Tripura & Ors.) and Rev. Pet. No.37/2018 (Sri Pradyut Chandra Datta Vs. The State of Tripura & Ors.), the ground of review is somewhat different though the ultimate relief would be the same. That batch of review petitions has been preferred against the judgment dated 03.12.2015 whereby the writ petitioners who were recruited or Page 29 of 35 promoted in the post of Sub-Inspector of Police or Supervisor before 01.01.1986 had been denied the pay scale of `1450-3710 w.e.f. 01.01.1986 and fixation in terms of the ROP Rules, 1988. They had approached this court by filing writ petitions claiming that they are covered by the judgment passed by the Gauhati High Court. Accepting that contention, by the said judgment dated 03.12.2015 (authored by Hon'ble Mr. Justice S.C. Das, since retired), the following directions were made allowing the writ petitions:
"28. The writ petitions are accordingly allowed to the extent that the petitioners who joined the post of S.I. of Police/Supervisor as the case may be on or before 01.01.1986 shall be entitled to the pay-scale of Rs.1450- 3710/- w.e.f. 01.01.1986 and those who joined the said post after 01.01.1986 shall be entitled to the said pay- scale from the date of joining the post. The petitioners who completed 10 years of satisfactory service without any promotion shall be entitled to the pay-scale of Rs.7450-13,000/- from the date of completion of 10 years of service in the same post i.e. S.I. of Police/Supervisor as the case may be. The petitioners who completed 17 years of satisfactory service without any promotion shall further be entitled to be graded scale of Rs.7800-15,100/- w.e.f. the date of completion of 17 years of continuous service without promotion in the same post as per Rule 10 of R.O.P. Rules, 1999. Since all the petitioners already retired in the meantime, the benefits shall be given notionally and there shall be no arrears whatsoever."
6. Mr. Deb, learned counsel has submitted that this court has reviewed the judgment and order dated 20.02.2017 delivered in W.P.(C) No.729/2016 and other writ petitions, by the judgment and order dated 09.11.2017 delivered in Rev. Pet. No.29/2017 (Sri Gouranga Debnath Vs. The State of Tripura & Ors.), by observing as under:
Page 30 of 35
7. Having regard to all these aspects as aforementioned, this court is persuaded to reframe the paragraph as reproduced hereinabove. The said paragraph shall be as follows :
"It is further declared that on completion of ten years of service, in the scale of pay of Rs.1450- 3710/- in the post of Sub-Inspector of Police without any promotion, the petitioners shall be moved to the scale of pay of Rs.1700-3980/- or its corresponding scale of pay of Rs.7450-13000/- under the ROP Rules, 1999 [see the judgment dated 10.01.2006] and the petitioners would be entitled to further advancement in due course on completion of 7(seven) years of continuous service in the grade of Sub-Inspector and in the scale of pay of Rs.7,450-13,000/- to the scale of pay of Rs.3000-5000/- (pre-revised) and its corresponding revised scale of Rs.10,000-15,100/- as rendered by the judgment dated 28.05.2015 delivered in WP(C) No. 259 of 2006[Shri Ajit Kumar Sinha versus The State of Tripura & Others]."
7. Mr. S. Chakraborty, learned Addl. Govt. Advocate has not disputed the factual position of the submission made by the learned counsel appearing for the review petitioners, but has submitted that since the petitioners have approached this court belatedly they should not be paid the actual payment. In this regard, Mr. Chakraborty, learned Addl. G.A. has submitted that they have not challenged the judgment and order dated 20.02.2017 as yet and in the said judgment there has been no observation for making the payment notionally. He has also admitted that in the order dated 09.11.2017 this court has observed that the respondents shall make the payment of arrear pay and allowances and pass consequential orders within a period of 6(six) months from the day when the petitioner shall place a copy of the order to the respondents. However, the said order dated 09.11.2017 delivered in Rev. Pet. No.29/2017 has not been challenged by the respondents, at least Mr. Chakraborty, learned Page 31 of 35 Addl. Govt. Advocate does not have any information or instruction in this regard.
8. Situated thus, this court finds that since the review petitioners belonged to the same post i.e. the Sub-Inspector of Police or Supervisor there cannot be two different treatments. Not on the basis of the judgment dated 20.02.2017 or the judgment dated 09.11.2017, but on the principles of "equal pay for equal work" that pursuade this court to make a common order.
9. Having due regard to the fact and circumstances of the cases, this court is of the view that the judgment and order dated 20.02.2017 delivered in WP(C) No.491/201 and other writ petitions as well as judgment and order dated 09.11.2017 delivered in Rev. Pet. No.29/2017, be treated as the judgment and order in rem, making it applicable for all persons, similarly circumstanced. Even the order that has been passed today shall also be treated in rem to avoid the proliferation of similar litigations. It is to be noted that in the review petitions, being Rev. Pet. No.7/2018 (Sri Pradip Chaudhuri Vs. The State of Tripura & Ors.), Rev. Pet. No.8/2018 (Sri Rajib Debnath Vs. The State of Tripura & Ors.), Rev. Pet. No.9/2018 (Sri Manash Paul Vs. The State of Tripura & Ors.), Rev. Pet. No.10/2018 (Sri Biswajit Ghosh Vs. The State of Tripura & Ors.), Rev. Pet. No.11/2018 (Sri Subhrangshu Bhattacharya Vs. The State of Tripura & Ors.), Rev. Pet. No.12/2018 (Sri Binoy Saha Vs. The State of Tripura & Ors.), Rev. Pet. No.13/2018 (Sri Jahangir Hossen Vs. The State of Tripura & Ors.), Rev. Pet. No.14/2018 (Sri Subrata Debnath Vs. The State of Page 32 of 35 Tripura & Ors.), Rev. Pet. No.15/2018 (Sri Badal Dutta Vs. The State of Tripura & Ors.), Rev. Pet. No.16/2018 (Sri Shyam Babu Sinha Vs. The State of Tripura & Ors.), Rev. Pet. No.17/2018 (Sri Jiban Chandra Saha Vs. The State of Tripura & Ors.), Rev. Pet. No.18/2018 (Sri Naru Gopal Deb Vs. The State of Tripura & Ors.), Rev. Pet. No.19/2018 (Sri Jayanta Kumar Roy Vs. The State of Tripura & Ors.), Rev. Pet. No.20/2018 (Sri Sanjit Sen Vs. The State of Tripura & Ors.), Rev. Pet. No.21/2018 (Sri Rajib Saha Vs. The State of Tripura & Ors.), Rev. Pet. No.22/2018 (Sri Rahul Alam Vs. The State of Tripura & Ors.), Rev. Pet. No.25/2018 (Sri Nandalal Das Vs. The State of Tripura & Ors.), Rev. Pet. No.26/2018 (Smt. Nira Nath Vs. The State of Tripura & Ors.), Rev. Pet. No.29/2018 (Sri Haripada Sinha Vs. The State of Tripura & Ors.), Rev. Pet. No.30/2018 (Smt. Ruma Chakraborty (Bhattacharjee) Vs. The State of Tripura & Ors.), Rev. Pet. No.31/2018 (Sri Gopal Sinha Vs. The State of Tripura & Ors.), Rev. Pet. No.32/2018 (Sri Bidhu Bhusan Das Vs. The State of Tripura & Ors.), Rev. Pet. No.33/2018 (Md. Abdul Hamid Vs. The State of Tripura & Ors.), Rev. Pet. No.34/2018 (Sri Hiralal Paul Vs. The State of Tripura & Ors.), Rev. Pet. No.35/2018 (Smt. Kanika Debbarma Vs. The State of Tripura & Ors.), Rev. Pet. No.36/2018 (Sri Chandmani Sinha Vs. The State of Tripura & Ors.) and Rev. Pet. No.37/2018 (Sri Pradyut Chandra Datta Vs. The State of Tripura & Ors.), no certified copy of the impugned judgment and order has been filed as per rule, but application has been made, being IA No.1/2018, arising out of Rev. Pet. No.6/2018 (the lead case) and IA No.1/2018, arising out of Rev. Pet. No.24/2018 (the lead case), to dispense the production of Page 33 of 35 the certified copy of the impugned judgment and order. The said prayer stands allowed and production of the certified copy as per rule is dispensed with, inasmuch as the certified copy of each of the impugned judgments has been filed in Rev. Pet. No.6/2018 and Rev. Pet. No.24/2018 (the lead review petitions).
10. Thus all the review petitions are disposed of in modification of the common judgment and order dated 20.02.2017, having due regard to the judgment and order dated 09.11.2017 delivered in Rev. Pet. No.29/2017 (Sri Gouranga Debnath Vs. The State of Tripura & Ors.). It is thus declared that on completion of 10(ten) years of service, in the scale of pay of `1450-3710 in the post of Sub-Inspector of Police without any promotion, the review petitioners shall be moved to the scale of pay of `1700-3980 or its corresponding scale of pay of `7450-13000 under the ROP Rules, 1999 [see the judgment dated 10.01.2006] and the petitioners would be entitled to further advancement in due course on completion of 7(seven) years of continuous service without promotion in the grade of Sub-Inspector and in the scale of pay of `7450-13000 to the scale of pay of `3000-5000 (pre-revised) and its corresponding revised scale of `10,000-15,100 as rendered by the judgment dated 28.05.2015 delivered in WP(C) No. 259 of 2006 [Shri Ajit Kumar Sinha versus The State of Tripura & Others].
11. In terms of the above modification, the judgment and order dated 03.12.2015 delivered in WP(C) No.144/2005 and other writ petitions and the judgment and order dated 20.02.2017 delivered Page 34 of 35 in WP(C) No.491/2016 and other writ petitions, stand reviewed and modified. It is further directed that the respondents shall make the payment of arrear pay and allowances and pass the consequential orders within a period of 6(six) months from the day when the review petitioners shall place a copy of this order to the respondents. The writ petitions [the review petitioners] whose writ petitions were dismissed by the judgment and order dated 20.02.2017 for their being appointed after 01.01.1996, are disposed of in terms of the above observation.
12. In view of the above, all the review petitions, being Rev. Pet. No.55/2017, Rev. Pet. No.6/2018, Rev. Pet. No.7/2018, Rev. Pet. No.8/2018, Rev. Pet. No.9/2018, Rev. Pet. No.10/2018, Rev. Pet. No.11/2018, Rev. Pet. No.12/2018, Rev. Pet. No.13/2018, Rev. Pet. No.14/2018, Rev. Pet. No.15/2018, Rev. Pet. No.16/2018, Rev. Pet. No.17/2018, Rev. Pet. No.18/2018, Rev. Pet. No.19/2018, Rev. Pet. No.20/2018, Rev. Pet. No.21/2018, Rev. Pet. No.22/2018, Rev. Pet. No.24/2018, Rev. Pet. No.25/2018, Rev. Pet. No.26/2018, Rev. Pet. No.29/2018, Rev. Pet. No.30/2018, Rev. Pet. No.31/2018, Rev. Pet. No.32/2018, Rev. Pet. No.33/2018, Rev. Pet. No.34/2018, Rev. Pet. No.35/2018, Rev. Pet. No.36/2018 and Rev. Pet. No.37/2018, are allowed.
However, there shall be no order as to costs.
JUDGE ROY Page 35 of 35