Ranjan Bhattacherjjee v. State Of Tripura And 2 ORS.




 

     

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!%%&
son
of
late
Haripada
Bhattacharjee,
Village
&
P.O.
Jogendranagar,
P.S.
East
Agartala,
District
-
West
Tripura
  ''



%# ()% *+*(

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&
represented
by
the
Chief
Secretary
to
the
Government
of
Tripura,
Civil
Secretariat,
Capital
Complex,
P.O.
Kunjaban,
Agartala

 
 %-- . #&
Home
Guards
Boarder
Wing
Battalion,
Government
of
Tripura,
P.O.
A.D.
Nagar,
Agartala

 %/

% % 0 $%&
Government
of
Tripura,
P.O.
Agartala,
District
-
West
Tripura ' %*, .% #* "

  1"2 3 
  
For
the
petitioner













:

Mr.
R.K.P.
Singh,
Advocate.

For
the
respondents






:

Mr.
J.
Majumder,
Advocate.





Date
of
hearing
and












:

45
delivery
of
judgment

&
order
Whether
it
is
fit
for
reporting





:


7%*  √
/26 /   Heard
Mr.
R.K.P
Singh,
learned
counsel
appearing
for
the
petitioner
as
well
as
Mr.
J
Majumder,
learned
counsel
appearing
for
the
respondents.

8
9 89 Mr.
J
Majumder,
learned
counsel
appearing
for
the
respondents
in
terms
of
the
order
dated
11.06.2015,
after
obtaining
necessary
instruction
has
stated
that
in
compliance
of
the
judgment
and
order
dated
02.06.2014,
delivered
in
W.P.(C)
No.
384
of
2010,
the
Director
General
of
Police,
Tripura
has
passed
the
order
under
No.
2311<17/R<82/DGP/LC/2010
dated
14.11.2014
by
granting
those
petitioners
who
once
served
as
the
member
of
the
erstwhile
Tripura
Home
Guards
Border
Wing
Battalion,
the
benefit
of
fixation
of
pay
on
extending
the
benefit
of
the
past
service
from
the
date
of
their
appointment
as
Border
Wing
Home
Guards.
For
purpose
of
reference,
the
said
order
dated
14.11.2014
is
reproduced
hereunder: ::

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89
Mr.
R.K.P
Singh,
learned
counsel
appearing
for
the
petitioner
has
submitted
that
the
petitioner
in
this
writ
petition
is
also
entitled
to
the
similar
benefits
inasmuch
as
the
petitioner
is

similarly
circumstanced
vis<a<vis
the
petitioners
in
the
writ




















































































































$


89 petition
being
W.P.(C)
No.
384
of
2010.
The
petitioner
was
serving
as
the
member
of
the
Tripura
Border
Wing
Battalion
since
1977
and
while
serving
in
the
said
Battalion,
he
was
appointed
in
the
Tripura
Police
Organization
as
a
constable
in
the
year
1983.
By
the
judgment
and
order
dated
22.07.1988
delivered
by
the
Gauhati
High
Court
in
Civil
Rule
No.
119
of
1981
(Annexure<A)
to
the
writ
petition,
it
has
been
held
that
the
petitioner
and
all
others
similarly
situated
persons
appointed
as
members
of
the
Border
Wing
Home
Guards
in
the
scale
of
pay
mentioned
in
their
appointment
letters
along
with
allowances
as
applicable
to
the
members
of
equivalent
ranks
of
the
state
police
organization
shall
be
entitled
to
get
the
said
pay
scale
and
other
allowances
as
per
appointment
letters
including
the
annual
increments.

8B9
Thereafter,
by
another
judgment
and
order
dated
12.11.2002, / , G+-  /%; )* ##%  


 . # * delivered
in
Writ
Appeal
No.
46
of
1997,
the
writ
petitioner
was
given
the
benefit
of
the
judgment
and
order
dated
22.07.1998
delivered
in
Civil
rule
No.
119
of
1981
in
the
following
terms:
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89 -+ # 0 %.> , . # # % ,%#   . % -%. ,% * * * 00 ;% #I%  # $ *  L 859
Mr.
R.K.P
Singh,
learned
counsel
for
the
petitioner
submitted
the
discharge
certificate
and
the
chest
No.
to
the
appointing
authority
when
he
was
appointed
in
the
Tripura
Police
organization
as
the
Constable. 849 Mr.
R.K.P
Singh,
learned
counsel
appearing
for
the
respondents
has
further
contended
that
in
the
rejoinder
filed
by
the
petitioner
in
response
to
the
counter
affidavit
filed
by
the
respondents,
it
has
been
stated
as
under: H
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 89 Mr.
J.
Majumder,
learned
counsel
appearing
for
the
respondents
has
submitted
that
in
the
para<6
of
the
counter
affidavit,
it
has
been
asserted
by
the
respondents
that
the
petitioner
has
not
submitted
the
copy
of
the
discharge
certificate




















































































































&


89 from
the
Border
Wing
Home
Guards
Battalion.
Thus,
the
petitioner
has
to
establish
by
reliable
documentary
evidence
that
he
was
the
member
of
the
erstwhile
Border
Wing
Home
Guards
Battalion
and
he
was
discharged
from
the
Border
Wing
Home
Guards
Battalion
in
the
year
1983
on
being
appointed
in
the
Tripura
Police
Organization. 8A9 Mr.
Majumder,
learned
counsel
appearing
for
the
respondents
has
further
submitted
that
unless
by
documentary
evidence
it
is
established
that
the
petitioner
was
a
member
of
the
Tripura
Border
Wing
Home
Guards
Battalion,
then
the
petitioner
cannot
be
treated
as
the
similarly
circumstanced
person
vis<a<vis
the
writ
petitioner
of
the
W.P(C)
No.
384
of
2010.

In
that
event,
the
petitioner
cannot
get
benefit
as
provided
by
the
order
dated
14.11.2014.
Having
situated
thus,
this
Court
is
of
the
firm
opinion
that
the
petitioner
shall
furnish
the
copy
of
the
discharge
certificate
showing
that
he
was
the
member
of
the
Tripura
Border
Wing
Home
Guards
Battalion
and
the
chest
No.
by
filing
a
representation
to
the
Director
General
of
Police,
Tripura,
through
the
proper
channel.
If
the
petitioner
is
not
in
possession
of
the
discharge
certificate
or
the
documents
relating
to
the
chest
No.
he
shall
be
allowed
to
file
a
declaration
affirmed
by
the
affidavit
to
the
said
authority
with
the
representation.
Such
representation
shall
be
made
by
the
petitioner
within
a
month
from
today.




















































































































'


89 representation,
properly
documented,
the
Director
General
of
Police,
Tripura
shall
grant
the
petitioner
the
similar
benefits
as
enumerated
in
the
order
dated
14.11.2014.
If
the
copy
of
the
discharge
certificate
or
the
documents
relating
to
the
chest
No.
is
not
submitted
and
in
lieu
thereof,
if
the
declaration
supported
by
the
affidavit
in
the
manner
as
stated
above
be
filed
by
the
petitioner,
the
Director
General
of
Police
shall
verify
that
statement
from
the
records
maintained
by
the
Tripura
Border
Wing
Home
Guards
Battalion.
But
by
any
rate,
the
action
as
indicated
or
the
decision
on
the
representation,
supported
by
the
declaration
shall
invariably
be
taken
within
6(six)
months
from
the
date
of
filing
the
representation.


With
this
observation
and
direction,
this
writ
petition
stands
disposed
of.
A
copy
of
the
order
dated
14.11.2014
be
kept
in
the
records
of
this
writ
petition.
There
shall
be
no
order
as
to
costs.



  /