BIJAN CHAKRABORTY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) These petitions arise in common background and would be disposed of by this common judgment. For convenience, facts may be noted from WP(C) No.106 of 2020.

(2.) Petitioner has challenged an order dated 22.07.2016 by which the training incentive granted to him has been withdrawn. He was also put to notice why the financial benefit already granted should not be recovered.

(3.) The petitioner is employed as a teacher in the Government school. Under a notification dated 06.01.2011, the Government of Tripura promulgated Tripura State Civil Services (Revised Pay) (Fifth Amendment) Rules, 2009 by which Rule 13(1)(v) of the Tripura State Civil Services (Revised Pay) Rules, 2009 came to be amended. As per this amendment, the employees who had completed full training course and appeared in the end term examination prior to 05.05.2009 and passed the examination in all subjects in one attempt shall be exempted from the operation of Rule-13(1)(v) and will be entitled to training incentive in the form of advance increment. The petitioner claims that he had passed the examination of Bachelor of Education Part-I and Part- II prior to the said date. He was granted advance increment along with other similarly situated employees under a memo dated 08.02.2016. However, soon thereafter by impugned memorandum dated 22.07.2016 this benefit was withdrawn on the ground that the petitioner had not cleared the examination in one attempt. This order recorded that the benefit was allowed on the basis of his application and the proposal furnished by the Headmaster in which the petitioner had not revealed that he had passed the B.Ed Part-I examination in more than one attempts.