BAPPA DATTA Vs. TRIPURA UNIVERSITY
HIGH COURT TRIPURA
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T.AMARNATH GOUD,J. -
(1.)Heard Mr. D. K. Biswas, learned senior counsel assisted by Mr. G. K. Nama, learned counsel appearing for the petitioners. Also heard Mr. S. Jamatia, learned counsel appearing for the respondents.
(2.)All these petitions are consolidated for disposal by a common judgment inasmuch as the controversy is structured on facts which resemble. The cases of the petitioners are that the petitioner were appointed as Lecturer (contractual) in the Tripura University for its School of IT and CS (Information Technology and Computer Science) department under DFSC (Directorate of self Finance course). Though initially appointment of the petitioner was for one year, but it has been extended annually from time to time and till date he is in service. The university prior to becoming central University, extends some benefits such PPE, LIC, 5% yearly increment etc. to other similarly situated contractual Lecturers. Subsequently, one of the petitioners was required to sign a MOU to avail the said benefits which he did and said benefits were given to him. But, these benefits were not given to the petitioner. Later in 2011 the University withdrew the said benefits ignoring the Tripura University Act, 2006. The Act of 2006 says that "all rights and liabilities of the Tripura University shall be transferred to and be the right and liabilities of the University."
(3.)In 2009, the University decided to advertise for new sanctioned teaching post for its IT Department and also published a list showing the entire appointed contract Teachers as existing faculty members of the proposed new IT Department. In fact the University acknowledged the inclusion of all eight faculty members of IT and CS department in the department of IT. The petitioner joined the service in 2008 for school of IT and CS Department of the Tripura University and continued the same till 2015 by extension. During the period from 2005 to 2012 the petitioners received all service related letters from his authority in the name of IT and CS department. From 2013 the petitioners used to receive their services related letters from the authority in the name of IT department. No such notification has ever been published by the TU declaring the abolishment of its IT& CS department or creating of new IT department.
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