BISWAJIT TRIPURA Vs. STATE OF TRIPURA
LAWS(TRIP)-2020-3-4
HIGH COURT TRIPURA
Decided on March 03,2020

Biswajit Tripura Appellant
VERSUS
STATE OF TRIPURA Respondents


Referred Judgements :-

TANMOY NATH AND OTHERS V. STATE OF TRIPURA [REFERRED TO]


JUDGEMENT

Akil Kureshi,CJ. - (1.)Notice for final disposal made returnable forthwith. Notice waived by learned Government Advocate appearing on advance copy.
(2.)Petitioner was appointed as teacher by the State of Tripura for its Government schools. Petitioner's service was under jeopardy on account of the judgment of Division Bench of this Court in case of Tanmoy Nath and others v. State of Tripura and others reported in (2014) 2 TLR 731. In the years 2017/2018 the petitioner appeared and was selected on regular basis through fresh selection process. The question of his pay fixation pursuant to such appointment is involved in this petition.
(3.)Single Judge of this Court in case of Smt. Sangita Reang and others v. The State of Tripura and others in WP(C) No.295 of 2019 and connected petitions in a judgment dated 29.01.2020 considered similar situation. Cases of teachers in the said group of cases were divided into 3(three) categories. It is undisputed that the case of the petitioner falls in Category-III referred to in the said judgment in respect of which following observations and directions have been made:
'10. Category-III would be those cases where a teacher, who was previously selected and appointed on a particular post which selection and appointment has been set aside by this Court in case of Tanmoy Nath (supra), is pursuant to fresh selection process selected and appointed to a post lower than which he previously held. Following writ petitions fall in this category:

xxx xxx xxx

30. Under the circumstances, petitions are disposed of with following directions:

xxx xxx xxx

(iii) In Category-III cases, the petitioners past service would be counted for the limited purpose of retaining their leave credit, provident fund, pension and gratuity and further that they will be placed in the regular scale of pay from the date of their fresh appointment and the pay will be fixed at the minimum of the scale. They would receive all admissible allowances.

31. This entire exercise of re-fixation of the pay of the petitioners shall be completed within a period of 3 (three) months from today. Available monetary benefits be released within a period of 2 (two) months thereafter.'



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