Decided on September 03,2019

Gautam Banik Appellant


S.Talapatra,J. - (1.)Heard Mr. C. S. Sinha, learned counsel appearing for the petitioner as well as Mr. D. Bhattacharjee, learned G.A. appearing for the state.
(2.)By means of this writ petition, the memorandum No.F.3(12)-FIN(PC)/2014 dated 31.12.2017 has been challenged. By the said memorandum, it has been clarified that:
(i) a stenographer who has joined in the service prior to 01.01.1996 shall get automatic scale up-gradation after 4 (four) years continuous and satisfactory service which will be treated as first gradation subject to the condition that he has not got any promotion during that period.

(ii) He/she shall get subsequent scale upgradation after completion of next 13 (thirteen) years of service from the date of availing of automatic scale upgradation after 4 (four) years [total 17 (seventeen) years from the date of initial joining in service] subject to the condition that he/she has not got any promotion during that period.

(3.)There is no dispute that the petitioner was appointed after 01.01.2006. To be precise, the petitioner had joined the service on 09.06.2010. The petitioner has stated that in terms of the 3rd Pay Commission, as constituted by the Govt. of Tripura, automatic movement of the member of the cadre services, including the Tripura Government Stenographers Service from Grade IV(b) to Grade IV(a) on completion of 4 (four) years of service. But later on, by the addendum published by the Notification No.F.4(6)-FIN(PC)88 dated 13.012.1988, the Tripura Government Stenographers Service was denied from such benefit. That decision was challenged in Civil Rule No.245 of 1999 (Anjan Debroy and Anr. v. State of Tripura). By the judgment dated 24.07.2014 the said writ petition was allowed by extending the similar benefit for the members of the Tripura Government Stenographers Service. The said decision had been challenged in the apex court by Special Leave Petition (SLP) No.14427 of 2015. The said SLP was dismissed. Thus, the judgment dated 24.07.2014 had reached its finality.

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