S. Talapatra, J. - (1.)Heard Mr. Somik Deb, learned counsel appearing for the petitioner as well as Mr. N. Chowdhury, learned G.A. appearing for the respondents.
(2.)The grievance as projected in this petition falls within a short compass. The petitioner No.1 namely Chandan Debnath was appointed as the Post Graduate Teacher under the School Education Department by the memorandum dtd. 15/7/2010 [Annexure-1 to the writ petition] on fixed pay basis. Thereafter, by the memorandum dtd. 28/12/2015 [Annexure-2 to the writ petition], the petitioner No.1 was given the regular scale of pay with effect from 26/8/2015. The petitioner No.2 namely Smt. Jamuna Debbarma was appointed as the Graduate Teacher under the School Education Department by the memorandum dtd. 25/3/2010 [part of Annexure-1 to the writ petition] on fixed pay basis. Thereafter, by the memorandum dtd. 31/7/2015, the petitioner No.2 was given the regular scale of pay with effect from 21/5/2015. The petitioner No.3 namely Shekhar Das was appointed as the Graduate Teacher under the School Education Department by the memorandum dtd. 25/3/2010 [part of Annexure- 1 to the writ petition] on fixed pay basis. Thereafter, by the memorandum dtd. 18/8/2015 [part of Annexure-2 to the petition], the petitioner No.3 was given the regular scale of pay with effect from 21/5/2015. The petitioner No.4 namely Mizuram Reang was appointed as the Post Graduate Teacher under the School Education Department by the memorandum dtd. 15/7/2010 [part of Annexure-1 to the writ petition] on fixed pay basis. Thereafter, by the memorandum dtd. 15/11/2015 [part of Annexure-2 to the petition], the petitioner No.4 was given the regular scale of pay with effect from 26/8/2015. The petitioner No.5 namely Akash Tripura was appointed as the Post Graduate Teacher under the School Education Department by the memorandum dtd. 15/7/2010 [part of Annexure-1 to the writ petition] on fixed pay basis. Thereafter, by the memorandum dtd. 5/11/2015 [part of Annexure-2 to the petition], the petitioner No.5 was given the regular scale of pay with effect from 26/8/2015. The petitioner No.6 namely Kirit Tripura was appointed as the Post Graduate Teacher under the School Education Department by the memorandum dtd. 14/7/2010 [part of Annexure-1 to the writ petition] on fixed pay basis. Thereafter, by the memorandum dtd. 5/11/2015 [part of Annexure-2 to the petition], the petitioner No.6 was given the regular scale of pay with effect from 26/8/2015. Subsequently, in terms of the judgment dtd. 7/5/2014 delivered in W.P.(C) 51 of 2014 titled as Tanmoy Nath and Ors. v. State of Tripura and Ors. selection and appointment of the petitioners were quashed.
(3.)In terms thereof, the petitioners were terminated from their service as the attempt to assail in the apex court did not succeed. But in Tanmoy Nath (supra) in para-125 the following observation had been made:
"We would also like to made 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 an 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."

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