UTTAM KUMAR DAS Vs. STATE OF TRIPURA
HIGH COURT TRIPURA
UTTAM KUMAR DAS
STATE OF TRIPURA
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(1.)These writ petitions being W.P.(C) No. 901 of 2021, W.P.(C) No. 902 of 2021, W.P.(C) No. 903 of 2021, W.P.(C) No. 904 of 2021, W.P.(C) No. 962 of 2021, W.P.(C) No. 963 of 2021, W.P.(C) No. 964 of 2021, W.P.(C) No. 965 of 2021 and W.P.(C) No. 17 of 2022 are combined for disposal by a common judgment inasmuch common set of questions have been raised in those writ petitions. Based on the perspective facts, the reliefs those have been urged in these writ petitions are paraphrased and reproduced as under:
To treat the period rendered by the petitioners as Post Graduate Teachers w.e.f. 28/6/2010 or any date as relevant in case of each of the writ petitioners to 31/10/2020 or before the joining of the petitioners in the post of Post Graduate Teacher/Graduate Teacher being selected and recommended by Teachers Recruitment Board of Tripura [TRBT] for appointment for purpose of seniority, pension and for any other purpose including pay protection.
It has been further urged that the respondents be directed to act in compliance with the specific direction made by this court in Para-125 of the judgment dtd. 7/5/2014 delivered in W.P.(C) No. 51/2014 [Tanmoy Nath and Ors. v. State of Tripura and Ors.]. It has been further urged that the respondents be directed to extend the benefits of the judgment and order dtd. 21/1/2019 delivered in W.P.(C) No. 435/2018 [Babul Debnath and others v. State of Tripura and Ors.], the common judgment and order dtd. 29/1/2020 delivered in W.P.(C) No. 295 of 2019 [Sangita Reang and Ors. v. State of Tripura and Ors.] along with analogous writ petitions and the judgment and order dtd. 6/7/2020 delivered in W.P.(C) No. 381 of 2020 [Prasanta Pal v. State of Tripura and Ors.]. Further, it has been urged that the petitioners be treated to have been appointed as Graduate Teacher on recommendation of the TRBT in the regular scale pertaining to the post of Graduate Teacher and on such premises, their GPF account be activated. Finally, the petitioners have urged that the common termination letter dtd. 31/3/2020 may not be applicable to the petitioners and as such, the non-working period w.e.f. 1/4/2020 till their joining in the post of Graduate Teacher, having been recommended by TRBT to be regularised by granting non-paid leave.
(2.)For purpose of reference and to appreciate the challenge raised in these writ petitions, Para-125 of Tanmoy Nath (supra) is reproduced hereunder:
"125. We would also like to make it clear that other than the benefits indicated by us above there can be no reservation/preference on the basis of age. There shall be no preference to dependent government servants or retired government employee or retrenched employees etc. There can be no reservation for linguistic or religious minorities or on area wise basis. It is further made clear that if the persons who are selected in the previous selection are again selected then the service rendered by them earlier shall be counted for the purpose of seniority, pension and all other purposes." [Emphasis added]
(3.)In Babul Debnath (supra) while this court was noticing non-compliance of Para-125 of Tanmoy Nath (supra) had occasion to observe that the exercise undertaking by the Government is not in the spirit rather in utter disregard to the direction issued by this court. Past service rendered by a candidate who was selected has to be counted for the purpose of seniority, pension and all other benefits. Candidates stood selected to the very same post. Thus, a direction was issued to the State to treat the past service of each one of the petitioners who rendered service being appointed by the earlier selection process for the purpose of seniority, pension and all other benefits.
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