Sri Pradip Kumar Barman v. The State of Tripura and 2 Others

ORDER

04.03.2024

This petition has been filed under Article 226 of the Constitution of India seeking the following reliefs:- " i. Issue rule upon the respondents to show cause as to why a writ in the nature of mandamus and/or order/orders and/or direction/directions of like nature shall not be issued whereby directing the respondents to treat the period rendered by petitioner as Post Graduate Teacher, w.e.f 26.08.2010 to 31.03.2020 before the joining of the petitioner in the post of Graduate Teacher, being selected and recommended by TRBT for appointment, for the purpose of seniority, pension and all other purposes including pay protection. ii. Issue rule upon the respondents to show cause as to why a writ in the nature of mandamus and/or order/orders and/or direction/directions of like nature shall not be issued whereby directing the respondents to extend the similar benefit granted by the Hon'ble High Court, vide Judgment and order, dated 21.01.2019, passed in W.P(C) No.435/2018 in between Babul Debnath & Others-Vs-State of Tripura & Others & Common Judgment & Order, dated

29.01.2020, passed by the Hon'ble High Court in W.P(C) No. 295/2019, Sangeeta Reang & Others & similar other Writ Petitions & Order dated, 06.07. 2020 passed by the Hon'ble High Court in W.P (C) No .381/2020 in Prasanta Pal –Vs-State of Tripura & Others and W.P(C) No. 901/2021, in Uttam Kumar Das & Others –Vs-State of Tripura & Others, to the petitioner. iii. Issue rule upon the respondents to show cause as to why a writ in the nature of Mandamus and/or order/orders and/or direction/directions of like nature shall not be issued whereby directing the respondents to extend the similar benefit granted by the Hon'ble High Court, vide Judgment & Order ( oral), dated 09.01.2024, passed in W A No. 304/2021, in between State of Tripura & Others-Vs-Smt. Tapti Debbarma, to the petitioner. iv. Issue rule upon the respondents to show cause as to why a writ in the nature of mandamus and/or order/orders and/or direction/directions of like nature shall not be issued whereby directing the respondents to activate GPF account of the petitioner, by accepting monthly contribution of the petitioner , till retirement of the petitioner from service on superannuation.

(v) Issue rule upon the respondents to show cause as to why a writ in the nature of Mandamus and/or order/orders and/or direction/ directions of like nature shall not be issued whereby directing the respondents to the effect that, common termination letter, dated 31.03.2020 , will not be applicable to the petitioner & the petitioner will be deemed to be in service & the non working period w.e.f. 01.04.2020 to 18.07.2021, till the joining of the

petitioner in the post of Graduate Teachers being recommended by TRBT to be regularized by granting admissible non paid leave. vi. Issue rule upon the respondents to show cause as to why a writ in the nature of mandamus and/or order/orders and/or direction /directions of like nature shall not be issued whereby directing the respondents to treat the petitioner appointed as Graduate Teachers on the recommendation of the Tripura Teachers Recruitment Board, in the regular pay scale pertaining to the post of Graduate Teacher. vii. Make the rules absolute. vii. Call for records.

[2] Heard Mr. K. Nath, learned counsel appearing for the petitioner. Also heard Mrs. R. Chakraborty, learned counsel appearing for the respondents-State. [3]

On perusal of the record, it is seen that the petitioner has submitted a representation dated 15.07.2022 before the respondents but the same is still pending with them. [4]

In view of the above, without expressing any opinion on the merits of the case, this writ petition is disposed of directing the respondents to consider the case of the petitioner in the light of his representation dated

15.07.2022 in accordance with law within a period of three months from the date of receipt of the copy of this order.

[5]

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: 2024.03.05 15:49:49 +05'30'

HIGH COURT OF TRIPURA AGARTALA WP(C) No. 174 of 2024 Sri Pradip Kumar Barman Petitioner(s) Versus The State of Tripura & Ors. Respondent(s) For Petitioner(s) : Mr. K. Nath, Advocate. For Respondent(s) : Mrs. R. Chakraborty, Advocate HON'BLE MR. JUSTICE T. AMARNATH GOUD