JIBAN KUMAR DATTA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. R. Nandi, learned counsel appearing for the petitioner as well as Mr. M. Debbarma, learned Addl. G.A. appearing for the respondents.

(2.) Learned counsel appearing for the parties are in consensus that the reliefs as claimed by the petitioner can be allowed in terms of the judgment and order dtd. 22/7/1988 delivered in Civil Rule No. 119 of 1981 [Ratan Lal Datta v. State of Tripura and Ors.] by the Gauhati High Court which had the territorial jurisdiction at that point of time. By the said judgment and order dtd. 22/7/1988 the said Civil Rule was decided by observing that the petitioner and other similarly situated persons appointed as the Border Wing Home Guards shall be entitled to the pay scale of a member of the equivalent rank of the said police organization. The said judgment and order was challenged in the apex court by filing a Special Leave Petition but the apex court has affirmed the judgment of the Gauhati High Court. Several representations were preferred by the Border Wing Home Guards after they were absorbed in the Tripura Police Organization, for having the benefit of the past service. The petitioner has also relied on the order under No. 188-206/R-8/DGP/LC/2015 dtd. 20/1/2017 [Annexure-3 to the writ petition]. For purpose of reference, the entire text of the said order is extracted hereunder:

(3.) It is apparent from the said order that the petitioners of W.P.(C) No. 13 of 2015 were allowed notional pay fixation and benefits thereof as members of erstwhile Border Wing Home Guards Battalion, meaning the benefits were extended from the date of their enrolment in Border Wing Home Guards Battalion till 5/4/2016, the date of judgment and order delivered in W.P.(C) No. 13 of 2015.