Sri Anup Baul and 10 Ors v. The State of Tripura and 3 Ors

ORDER

22.02.2024

This petition has been filed under Article 226 of the Constitution of India seeking the following reliefs:- "i. Issue notice upon the respondents. ii. Call for the records. ii. Issue rule calling upon the respondents to show cause as to why the past service rendered by the petitioners as graduate teacher (Elementary Level) (Class VI to VIII) under the respondents shall not be counted for all purposes. AND Issue rule calling upon the respondents to show cause as to why the petitioners shall not be granted all benefits of past service for all purposes including pension, gratuity, Leave at credit, Pay protection, Counting of the said period for the purpose of determining 5 years fixed pay period as well as seniority, etc."

[2] Heard learned counsel appearing for both sides.

[3] The brief facts of the case is that, the petitioners herein have approached before this court for counting the past service rendered by them as Graduate Teacher (Elementary Level) (Class VI to VIII) and for providing benefit of past service for the purpose of pension, gratuity, leave credit, pay protection and counting of said period for the purpose of determining 5 years fixed pay period as well as seniority, etc.

[4] Mr. A. Bhaumik, learned counsel appearing for the petitioners submits before this Court that earlier by way of filing writ petition bearing no.

W.P.(C) 722 of 2022 three employees approached before this Court seeking their reliefs and by order dated 17.03.2023, this Court disposed of the case of the said employees directing the respondents to consider the case of the employees in accordance with law. In compliance with the said order dated,

17.03.2023, the respondents have considered the same and also issued a memorandum dated 17.12.2023 in favour of the employees extending the benefit. Thereafter, the petitioners herein approached the respondents authority by filing their representation on 25.01.2024 seeking the same reliefs as extended to the said similarly situated other employees so that, there cannot be any discrimination. But, the said representation dated

25.01.2024 is still pending before the respondents and hence, the petitioners have approached before this Court seeking the same reliefs.

[5]

In view of the same, without expressing any opinion on the merits of this case, the present writ petition is disposed of directing the respondents to consider the representation dated 25.01.2024 and pass appropriate order on the representation in the light of the above referred

17.12.2023 proceedings. This decision shall be taken within a period of 02(two) months from the date of receipt of the copy of this order.

[6]

With the above observation and direction, this present writ petition stands disposed of. As a sequel, miscellaneous application(s), pending if any, shall stand closed.

JUDGE

Paritosh SABYASACHI GHOSH Date: 2024.02.26 17:19:42 +05'30'

HIGH COURT OF TRIPURA AGARTALA WP(C) No.141 of 2024 Sri Anup Baul & Ors. Petitioner(s) Versus The State of Tripura & Ors. Respondent(s) For Petitioner(s) : Mr. A. Bhaumik, Advocate. For Respondent(s) : Mr. Kohinoor N. Bhattacharjee, G.A Mr. D. Sarma, Addl. GA HON'BLE MR. JUSTICE T. AMARNATH GOUD