Sri Prasanta Kumar Debnath and 21 Ors v. The State of Tripura and 4 Ors

Order

10/03/2023

Heard Mrs. Riya Chakraborty, learned counsel appearing for the petitioners and Mr. Karnajit De, learned Additional Government Advocate appearing for the respondents-State.

2.

This instant writ petition has been filed under Article 226 of the Constitution of India for directing the respondents to accord the benefit of regularization of service to the petitioners from the respective dates of their initial appointments, and thereupon, grant regular pay scale along with the arrears thereof and all other admissible benefits,

count their past services for the purpose of pension, gratuity, leave encashment and all other benefits, etc. in their favour.

3.

Petitioners have prayed for the following reliefs: "(i) Issue Rule, calling upon the respondents and each one of them, to show cause as to why a Certiorari and/or in the nature thereof, for directing them, to transmit the records, appertaining to this writ petition, lying with them, for rendering substantive and conscionable justice to the petitioners;

(ii) Issue Rule, calling upon the respondents and each one of them, to show cause as to why a Writ of Mandamus and/or in the nature thereof, for mandating/directing them, to forthwith include the petitioners in the Scheme of regularization, as has been made, in favour of the teachers of the Samagra Shiksha Abhiyan, pursuant to the Judgment & Order dated

23.02.2021 (referred to supra);

(iii) Issue Rule, calling upon the respondents and each one of them, to show casue as to why a Writ of Mandamus and/or in the nature thereof, for mandating/directing the respondents, to forthwith accord the benefit of regularization of service to the petitioners, from the respective dates of their initial appointments, and thereupon, grant regular pay scale, alongwith the arrears thereof, and all other admissible benefits, count their past services, for the purpose of pension, gratuity, leave encashment and all other benefits, etc. in their favour;

(iv) Call for the records appertaining to this petition;

(v) Costs of and incidental to this proceeding;

(vi) After hearing the parties, be pleased to make the Rule Absolute in terms of (ii) above; And

(vii) Any other Relief(s) as to this Hon'ble High Court may deem fit and proper;"

4.

In view of the same, without expressing any opinion on merits since there is no impugned order, this Court directs the petitioners to approach the concerned respondents by way of filing their representations enclosing all materials in support of their claim and on receipt of such representations, the respondents concerned shall consider the same in accordance with law within a period of 3(three) months from the date of receipt of the copy of this order.

5.

With the above directions, the present writ petition is disposed of. Pending application(s), if any, also stands disposed of.

CHIEF JUSTICE (ACTING)

Pijush

HIGH COURT OF TRIPURA AGARTALA WP(C) No.1082 of 2022 Sri Prasanta Kumar Debnath and others ………Petitioner(s). V E R S U S The State of Tripura and others ………Respondent(s). For Petitioner(s) : Mr. Somik Deb, Sr. Advocate, Mrs. Riya Chakraborty, Advocate. For Respondent(s) : Mr. Karnajit De, Addl. G.A. HON'BLE THE CHIEF JUSTICE (ACTING)