LAWS(TRIP)-2019-8-29

BIMAL CHANDRA GHOSH Vs. STATE OF TRIPURA

Decided On August 01, 2019
Bimal Chandra Ghosh Appellant
V/S
STATE OF TRIPURA Respondents

JUDGEMENT

(1.) Heard Ms. S. Chisim, learned counsel appearing for the petitioners as well as Mr. R. Saha, learned counsel appearing for the respondents.

(2.) Ms. S. Chisim, learned counsel appearing for the petitioners has submitted that these writ petitions being W.P.(C) No.434 of 2019 [Bimal Chandra Ghosh v. State of Tripura and Ors.], W.P.(C) No.435 of 2019 [ Ram Charan Naha v. State of Tripura and Ors.] and W.P.(C) No.436 of 2019 [Shyamal Kumar Paul v. State of Tripura and Ors.] are squarely covered by a decision of this court in W.P.(C) 255 of 2014 [Manoranjan Naha v. State of Tripura] where this court had occasion to observe as under:

(3.) Mr. Saha, learned counsel appearing for the respondents has submitted that the said judgment had fallen for consideration in a batch of Writ Appeals including W.A. No.44 of 2017 [The State of Tripura and Ors. v. Sutapa Majumder]. By the judgment and order dated 05.03.2019, it has been observed by the division bench of this court that the State has to revisit its decision which was challenged in the writ petitions. It has been further observed that the State shall consider the matter afresh in the light of the observation made in the judgment dated 05.03.2019 delivered in W.A. No.44 of 2017 and take a decision positively, within a period of 4[four] months. It shall be open for the writ petitioners to place additional materials, if any, before the authority. In the event, the State takes any decision in the affirmative, as agreed, it shall be open to release the arrears without interest, within a period of 3(three) months from the date of such decision. The writ petitioners undertake not to claim any interest thereupon. It has been categorically observed further as under: