HIMANGSHU DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This is a petition under Article 226 of the Constitution of India for seeking the following relief(s):

(3.) It is the case of the petitioner that the petitioners approach this Court by way of filing this instant petition under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondents to grant one increment in favour of the Petitioners for the D.El.Ed (formerly D.Ed) training undergone by the Petitioners prior to entry into the service as per Rule 13(1) (ii) of the Tripura State Civil Services (Revised Pay) Rules, 2009. The petitioner No.1 was appointed as Post Graduate Teacher in Bengali subject in Ram Krishna Siksha Pratisthan Class XII School vide offer of appointment dtd. 21/7/2008. Thereafter, joining of the petitioners was accepted w.e.f. the same date. The petitioners state that the petitioners completed their D.El.Ed (Formerly D.Ed) before entering service and therefore form a separate class being trained teachers and therefore is covered by Rule 13 (1) (ii) of the Revised Pay rules of 2009 and as such the petitioners are entitled to one increment as per the said Rule 13 (1) (ii) of the Rules of 2009. The memorandum dtd. 6/7/2011 which restricts the operation of Rule 13 (1) (ii) of the rules of 2009 is illegal being violative of the statute. The petitioner No.2 was appointed as Post Graduate Teacher in Ram Krishna Siksha Pratisthan Class- XII School, Kailashahar, North Tripura vide offer of appointment dtd. 11/11/2011. Thereafter the joining of the petitioner No. 2 was accepted from the same date. The petitioners through their engaged lawyer submitted legal notice before the respondents on 11/9/2024 and enclosing all the documents of the petitioners. But till date the said legal notice has not been considered by the respondents.