JUDGEMENT
Sanjay Karol, C.J., Arindam Lodh -
(1.)Petitioners have prayed for the following reliefs:
"(a) A Writ in the nature of Mandamus, do issue upon the Respondents, directing them, their men, agents, employees and subordinates to make payment of similar /uniform Pension as per the formula adopted in two other similarly situated Undertakings namely Tripura Board of Secondary Education and Govt Aided Private Schools;
(b) That A Writ in the nature of Certiorari do issue upon the Respondent authorities, directing them, their men, agents, employees and subordinates to transmit before this Hon'ble Court all records and documents available in File No. No.8 (2)-FIN(G)/2015 and in other relevant Files of the Pension Cell in Finance Department pertaining to the instant case so that conscionable justice may be done by passing appropriate orders upon perusal of the same;
(c) That Issue Rules NISI in terms of prayers (a) hereinabove and upon hearing the cause that may be shown and upon perusal of the records and documents that may be produced in support of the cause and on the event no cause is shown, may be pleased to make the Rule absolute;
(d) An interim order directing the Respondent authorities, their men, agents, employees, and subordinates to make payment of 50% or half of the amount of existing pension to the petitioners excluding in-service petitioners at par the rate/amount of pension which is being paid to the similarly situated other undertakings defined in DFPRT under Clause 2(j) or the quantum of such other amount of pension as may be stipulated by this Hon'ble Court for survival of the petitioners pending disposal of the writ petition;
(e) To constitute a three (3) members' committee having one invitee member from the petitioners' Association to calculate the 50%/half of the pension amount to be paid to the petitioners excluding in-service petitioners as interim relief for survival of the petitioners (pensioners) pending disposal of the writ petition.
(f) A Writ in the nature of Certiorari do issue upon the Respondent authorities, directing them, their men, agents, employees and subordinates to submit before this Hon'ble Court an action taken report within a period of one month enumerating details therein on the steps taken and/or the status in respect of meetings, deputations, representation, written prayers and reminders made by the petitioners to the Respondents and submitted before this Court and/or as may be stipulated by this Hon'ble Court;
(g) An interim order directing the Respondent authorities to submit before this Court a report enumerating in details therein the steps taken in pursuance of the Memorandum and correspondences being Annexure - 29.
(h) An interim order directing the Respondent authorities to submit the detailed report on the memorandum issued by the Special Secretary vide Memo No.F.8 (2) Fin (G)/2015 Dated, 28.07.2017.
(i) An interim direction to the State Government for fixing personal responsibility on the concerned Respondent Authorities and punitive measures thereof for enormous classification of pensioners of similarly situated undertakings causing unnatural man made tragedy in the life of the petitioners or as may be stipulated by this Hon'ble High Court;
(j) Ex-parte interim orders in terms of prayers in (d) hereinabove;
(k) An interim direction to the State of Tripura to show cause as to why the State Government sanctioned different pension benefit amongst the similarly situated undertakings creating different classes and classless pensioners being Annexure- 11,12,13,14,15,17,18, 19,20,22 and 24 creating discrimination in pension benefit.
(l) Costs and incidentals;
(m) Such further or other order or orders as Your Lordships may seem fit and proper for the ends of justice"
(2.)Learned Advocate General raises serious objection with regard to the maintainability of the present petition so filed in its present form.
(3.)In the nature of the order which we proposed to pass, we do deem it appropriate not to deal with the same.
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