High CourtsSingle Bench(2021) 12 TP CK 0015

Swati Chakraborty vs State Of Tripura And Ors

Tripura High Court · Decided on 23 December 2021

HON’BLE JUDGES
Indrajit Mahanty, CJ
CASE NUMBER
I.A. No. 02 Of 2021 In Writ Petition (C) No.135 Of 2020, Writ Petition (C) No. 135 Of 2020

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Judgment

6 paragraphs · 246 words

Indrajit Mahanty, CJ

It appears that the present writ petition was dismissed for default by order dated 26.02.2020 and the Interim Application for restoration was also rejected on 02.12.2020. The petitioner approached the Hon'ble Supreme Court in Special Leave to Appeal (C) No.19073-19074/2021 and by order dated 06.12.2021 the Hon'ble Supreme Court set aside the order of dismissal on default, i.e. both the orders dated 26.02.2020 and 02.12.2020 and requested the High Court to hear the matter on merits and to dispose of the same expeditiously.

Subsequent to disposal of the Special Leave to Appeal by the Hon'ble Supreme Court, the present Interim Application has come to be filed seeking to bring on record certain facts, documents as well as seeking amendment of the prayer in the writ petition. In this I.A., the following additional prayer has been sought for:

"To issue a writ of mandamus order or direction in the nature of mandamus declaring stipulation made in notification dated 11/7/2017 "Revision of provision regulating pension and other pensionary benefits" in Rule 8, the word and language on the basis of monthly income upto Rs.3000/- as unconstitutional and violative of Article 14 and 16(1) of the Constitution of India."

In view of these aforesaid facts, since vires of a particular notification referred hereinabove is under question, the writ petition along with Interim Application be listed before an appropriate Division Bench in the third week of January, 2022.

In the meanwhile, the State shall file its reply.