Sri Rajarshi Chakraborty and Another v. The State of Tripura and 2 Others

Order 01/08/2024

Petitioners have approached this Court seeking the benefit of past service for all purposes including pension, gratuity, leave at credit, pay protection, counting of period for the purpose of determining five years' fixed pay period and for extension of financial benefits in their favour upon grant of such benefit.

2.

The facts of the case, as pleaded, are as under:

Petitioners have, after taking 'No Objection Certificate' from the competent authority, participated in the recruitment exercise for the post of Graduate Teacher (Secondary Level) while working as Graduate Teacher (Elementary Level) under the Education Department, Government of Tripura.

Thereafter, on being successful, they submitted technical resignation and joined the new post of Graduate Teacher (Secondary Level). They have relied upon the decision rendered earlier in case of Sri Dilip Shil and others versus State of Tripura and others in WP(C) No.722 of 2022. They submitted that their representations (Annexure-9) dated 04.01.2024 and 09.02.2024 respectively are pending before the competent authority i.e. Director of Secondary Education, Government of Tripura, respondent No.2. Therefore, they had to approach this Court for relief.

3.

Mr. G.K. Nama, learned counsel for the petitioners, submits that the respondents may be directed to consider the representations of the petitioners in accordance with law and grant the aforesaid benefits. He also relies upon the case of Sri Dilip Shil & others versus The State of Tripura & others in WP(C) No.722 of 2022 wherein pursuant to the order dated

17.03.2023 passed by this Court, those writ petitioners have been granted the benefit of past service. As such, the respondents may be directed to take a decision in accordance with law in respect of the present petitioners also.

4.

Mr. Manojit Saha, learned counsel for the respondents-State, submits that the instant petition has been taken up for the first time. Therefore, instructions are awaited. However, since the consideration on this issue at the first instance lies before the competent authority under the department, in case the representations of the petitioners have not been considered on account of genuine reasons, the respondent-department would consider it in accordance with law in a suitable time as may be directed by this Court.

5.

Having regard to the nature of relief sought for by the petitioners, since the representations of the petitioners are pending before the concerned respondent authority, this Court without expressing any opinion on the merits of the case, deems it proper to direct the competent authority/respondent No.2 to take a decision upon their representations, in accordance with law, within a reasonable period preferably within 12(twelve) weeks from the date of receipt of copy of this order.

6.

The instant petition is disposed of with the aforesaid observations.

Pending application(s), if any, shall also stand disposed of.

(APARESH KUMAR SINGH), CJ

Pulak DIPESH DEB Date: 2024.08.02 19:07:38 +05'30'

HIGH COURT OF TRIPURA AGARTALA WP(C) No.516 of 2024 1. Sri Rajarshi Chakraborty, S/O. Rabindra Narayan Chakraborty, resident of Shantipara, Dewanpasha, Dharmanagar, P.O.-Huplong Cherra, District-North Tripura. 2. Sri Partha Datta, S/O. Gopal Datta, resident of Village-Rabindra Nagar, Shiv Nagar Road, P.O.-Kanchanpur, District-North Tripura. .........Petitioner(s). Versus 1. The State of Tripura, Represented by the Secretary, Department of Education, Government of Tripura, Secretariat Building, P.O.-Kunjaban, New Capital Complex, Agartala, West Tripura. 2. The Director of Secondary Education, Government of Tripura, Directorate of Secondary Education, Siksha Bhawan, Office Lane, Agartala, Tripura, Pin- 799001. 3. The Director of Elementary Education, Directorate of Elementary Education, Siksha Bhawan, Office Lane, Agartala, Tripura, Pin-799001. .........Respondent(s). For Petitioner(s) : Mr. G.K. Nama, Advocate. For Respondent(s) : Mr. Manojit Saha, Advocate. HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH