DWIJADAS CHAKRABORTY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE instant writ petition is filed by the petitioner who joined in the post of Naik Operator in Tripura State Rifles after completion of his service in the Indian Army for a period of 17 years 33 days on the aid of offer of letter granting reemployment in favour of the petitioner dated 23.08.2001 (Annexure-P5 to the writ petition) for quashing the letter dated 27.11.2010 (Annexure-P7 to the writ petition) issued by the Deputy Secretary to the Government of Tripura (respondent No.3 herein) to the Director General of Police (respondent No.2 herein) stating inter alia, that the notification regarding enhancement of the age of superannuation of the TSR personnel shall come into force from 20.10.2010 and the benefit be extended only to those TSR personnel who are on regular service on the date of effect of the said notification and the order dated 30.11.2010 issued by the Commandant (respondent No.4 herein) (Annexure-P9 to the writ petition) wherein the petitioner was released from service after completion of his extension in service as granted to him for the period of three months and also struck off his name from the strength of 8th Bn. TSR where he had joined as Naik.

(2.) HEARD Mr. Somik Deb, learned counsel for the petitioner as well as Mr. D.P. Kundu, learned Advocate General assisted by Ms. A.S. Lodh, learned Addl. GA and Ms. R. Guha, learned state counsel for the State respondents.

(3.) AS in the said notification, from which date the amendment would come in to force was not mentioned, respondent No.3, Deputy Secretary, Home Department, Government of Tripura vide letter dated 27.11.2010 informed respondent No.2, Director General of Police, that the said notification regarding enhancement of age of superannuation would come into force on and from 20th October, 2010 and the benefit of the same would be extended to those TSR personnel who are on regular on the date of effect of the said notification.