STATE OF TRIPURA Vs. NARAYAN CHANDRA DEY

JUDGEMENT

(1.) Heard Mr. Partha Saha, learned counsel appearing for the State appellants as well as Mr. S.M. Chakraborty, learned senior advocate assisted by Ms. P. Chakraborty and Ms. Ankita Pal, advocates for the private respondent.

(2.) State appellants have challenged the order dtd. 6/3/2020 passed by the learned Single Judge in WP(C) 1149 of 2016 by which the private respondent, a graduate teacher of Budhai Saha Primary School under Grant-In-Aid, was granted pay scale of graduate teachers w.e.f. 1/1/1993 and the State appellants (respondents before the learned Single Judge) were directed to pay him back wages within a period of four months from the date of receipt of the copy of the judgment.

(3.) Brief facts are as under: By issuing appointment letter No.F 1-B.S.P.S/90 dtd. 28/6/1990, the Secretary, Budhai Saha Primary School of Bridhyanagar, Agartala engaged the private respondent (petitioner before the learned Single Judge) as an Assistant Headmaster in Budhai Saha Primary School. The said school was a private school at the time when the private respondent was engaged as an Assistant Headmaster in the school. By virtue of Memorandum No.F.10(10-39)-DSE/90 dtd. 11/3/1992 issued by the Director of School Education, the said school was recognized by the State Government and by a subsequent Memorandum No.F.10(10-39)-DSE/90 dtd. 19/12/1992 said Budhai Saha Primary School was included in the Grant-In-Aid scheme of the Government with prospective effect from 1/1/1993 and all the appointments made by the Managing Committee prior to 19/12/1992 were approved by the State Government. However, it was made clear that further appointments would be regulated by the Grant-In-Aid Rules and no post of teaching or non-teaching staff of the school would be filled up without the approval of the competent authority.