Tripura High Court
WA/24/2026 of Sri Amaresh Debbarma Vs The State of Tripura and Ors. on 29 April 2026
2026:THC:554-DB HIGH COURT OF TRIPURA AGARTALA WA No.24 of 2026 Sri Amaresh Debbarma, S/o Late Amar Kumar Debbarma, R/o Saipaihowar, Amtali Bazar, P.O. Champahowar, P.S. Khowai, District- Khowai, Tripura .........Appellant(s); Versus 1. The State of Tripura represented by the Secretary, Rural
HIGH COURT OF TRIPURA
AGARTALA
WA No.24 of 2026
Sri Amaresh Debbarma, S/o Late Amar Kumar Debbarma, R/o Saipaihowar, Amtali Bazar, P.O. Champahowar, P.S. Khowai, District- Khowai, Tripura
.........Appellant(s);
Versus
1. The State of Tripura represented by the Secretary, Rural Development Department, Government of Tripura, Agartala, P.O. Secretariat, P.S. New Capital Complex, Dist- West Tripura, PIN-799010
2. The Chief Engineer, Rural Development Department, Government of Tripura, Agartala, P.O. Agartala, P.S. West Agartala, District- West Tripura, PIN-799001
3. The District Magistrate & Collector, Khowai District, Tripura, Govt. of Tripura, P.O. and P.S. Khowai, District- Khowai, PIN-799201
4. The Block Development Officer, Tulashikhar R.D. Block, District- Khowai, Tripura.
.........Respondent(s)
For Appellant(s)
: Mr. Arijit Bhaumik, Advocate,
For Respondent(s)
: Mr. Kohinoor Narayan Bhattacharyya, G.A., Mr. Karnajit De, Addl. G.A.
HON’BLE THE CHIEF JUSTICE MR. M.S. RAMACHANDRA RAO
HON’BLE MR. JUSTICE BISWAJIT PALIT
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Order
29/04/2026
This Writ Appeal is preferred by the appellant challenging the judgment dt.17.01.2026 of the learned Single Judge in WP(C) No.704/2024 to the extent that the learned Single Judge had granted benefit of minimum of pay scale of a Group-D employee to the appellant from the period preceding three years from the date of filing of his Writ Petition.
2. Counsel for the appellant contends that the appellant should have been granted minimum of the pay scale of a Group-C employee for the said period in view of the fact that the Tripura Government Vehicles Drivers
Service Rules, 1979 [“Rules of 1979”, for short] underwent an amendment in the year 2011 making the post of Driver a Group-C post.
3. Rule 15 of the Rules of 1979 relied on by the counsel for the appellant, states as under: “15. Recruitment, Gradation, Pay, etc.- (i) All existing posts of Driver in the Departments/Offices shall be included in the number of posts.
(ii) There shall be three Grades of Drivers namely Grade-I, II & III. All the posts in the three Grades shall be Group-C (Non-Gazetted).
(iii) All recruitment shall be made at the lowest grade i.e., Grade-III in the PB 2, in the scale of Rs.5310-24000/- with a Grade pay of Rs.1800/- plus other allowances as admissible:
Provided that the actual initial pay of the direct recruits shall be fixed as per the prevailing orders/notifications issued by the Government of Tripura prevailing at the time of such appointment.
(iv) Grade-II scale of Rs.5310-24000/- with a Grade pay of Rs.2000/- shall be admissible after completion of ten years of continuous service in Grade-III.
(v) Grade-I scale of Rs.5310-24000/- with a Grade pay of 2100/- shall be admissible after 7 years of continuous service in Grade-II.
(vi) Assured Career Progression (ACP) – III benefit shall be admissible to the Grade-I Drivers after completion of 8 years of continuous service in Grade-I in the scale of Rs.5310-24000/- with Grade pay of Rs.2400/-.”
4. It appears that this legal position was not brought to the notice of the learned Single Judge when the learned Single Judge was hearing the Writ Petition, and the learned Single Judge relied on a letter dt.12.10.2012 of the DM & Collector, Khowai District mentioning the designation of the appellant as a Driver (Group-D).
5. The said letter is obviously issued by the DM & Collector, Khowai District ignoring Rule 15 referred to above.
6. Counsel for the respondents does not dispute the amendment carried out in Rule 15 of the Rules of 1979 in the year 2011.
7. In this view of the matter, the Writ Appeal is allowed. The judgment dt.17.01.2026 of the learned Single Judge in WP(C) No.704/2024 is modified, and the respondents are directed to pay to the appellant the benefit of minimum of pay scale of a Group-C employee for the period of three years preceding the date of filing of WP(C) No.704/2024, and continue to pay the same in future unless the appellant resigns from service or gets promoted to a higher post after regularization.
(BISWAJIT PALIT, J) (M.S. RAMACHANDRA RAO, CJ)
Pijush/ PIJUSH KANTI NAG Digitally signed by PIJUSH KANTI NAG Date: 2026.04.30 13:00:19 +05'30'