DULAL DATTA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The petitioner has disputed his pension fixation and recovery raised by the Government from the commuted value of the pension paid to the petitioner. Though multiple prayers are made by the petitioner, the issue revolves around simple question, whether the petitioner was rightly given the benefit of third Assured Career Progression benefit or not.

(2.) Brief facts are as under:

(3.) The issue as in the present case had come up for consideration before Division Bench of this Court in Writ Appeal No.191 of 2020 in case of The State of Tripura and others v. Sri Bipul Ranjan De and others. It was a case in which the original petitioners-Government servants were directly recruited as Havilders. In their case also the department had opposed the claim for grant of 3rd ACP under ROP, 2009, placing heavy reliance on Note-10 which is reproduced above. The learned Single Judge had allowed the petition upon which the State was in appeal. This appeal was dismissed with following observations: