BIMAL DAS Vs. STATE OF TRIPURA
LAWS(TRIP)-2021-4-43
HIGH COURT TRIPURA
Decided on April 23,2021

BIMAL DAS Appellant
VERSUS
STATE OF TRIPURA Respondents

JUDGEMENT

AKIL KURESHI, C.J. - (1.) Petitioners have challenged a portion of memorandum dated 24th October, 2017 under which they were offered appointments to the post of Graduate Teacher in Government Schools. They request that they may be placed in the regular pay scales form the date of appointment on the said post.
(2.) Brief facts are as under : All the petitioners were appointed as Graduate Teachers in Government Schools in the year 2012. These appointments were after regular selection process. However, they were granted fixed salary on monthly basis. All the petitioners applied for appointment to the post of Graduate Teachers for which the Government of Tripura had invited applications. The petitioners had made such applications with no objection from the Government. They were selected and by a common memorandum dated 24th October 2017, offered appointment as Graduate Teachers in Government schools. The petitioners accepted the offers of appointment and after tendering technical resignations which were accepted by the department, they joined the post of Graduate Teacher (Science) pursuant to the order of appointment passed by the department on 16th November, 2017. The office memorandum dated 24th October, 2017 contained a condition that the engagement of the petitioners would be on fixed salary. This condition the petitioners have challenged with consequential prayers for being granted regular pay scales.
(3.) The Government has filed reply and opposed the prayers principally taking the stand that the petitioners were initially appointed as Graduate Teachers on fixed salary. They were never granted regular pay scales since there were no sanctioned posts in regular scales against which they were appointed. Now that the petitioners are freshly appointed as Graduate Teachers, they cannot claim regular scale of pay.;


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