Abdul Rahaman vs State Of Tripura

[1] Heard Mr. K. N. Bhattacharjee, learned senior counsel appearing for the petitioner and Mr. M. Debbarma, learned Addl. G.A. appearing for the State-respondents. Also heard Mr. J. Majumder, learned counsel appearing for the respondents.

[2] The short question involved in this writ petition is that whether the petitioner was a teacher of Barnarayan Islamia Senior Madrasa (now Barnarayan High Madrasa), when the said school was brought under the Grant-in-Aid scheme of the Government of Tripura.

[3] Mr. Bhattacharjee, learned senior counsel appearing for the petitioner has strenuously submitted that the petitioner was a teacher of Barnarayan Islamia Senior Madrasa, Jatrapur, Sonamura, West Tripura. Learned senior counsel has relied on Para-3 of the writ petition, wherein it is stated thus:

"The petitioner returned from Assam with his last MM Degree. At that time Barnarayan Islamia Senior Madrassa now upgraded to High Madrassa was running under private management. In the year 1996 the petitioner joined the said Madrassa as Teacher at a monthly salary of Rs.500/- and served with devotion."

[4] According to Mr. Bhattacharjee, learned senior counsel, the school was brought under the Grant-in-Aid scheme w.e.f. 01.01.2010. So, the petitioner since he was serving the school at the relevant period has demanded regular pay scale as prescribed under the Grant-in-Aid Scheme.

[5] On the other hand, Mr. J. Majumder, learned counsel appearing for the private respondents particularly for the respondent No.10 who was the Teacher-In-charge of the said school at the relevant point of time has submitted that the petitioner was not in service when the school was brought under the Grant-in-Aid Scheme of the Government of Tripura.

[6] Mr. M. Debbarma, learned Addl. G.A. appearing for the State-respondents has submitted that the State-respondent i.e. the Director of School Education had/has no such record, from which it can be revealed that the petitioner was in service under the State-respondents and working as Madrasa Teacher as on 01.01.2010 when the school was brought under the Grant-in-Aid Scheme.

[7] Mr. Majumder, learned counsel has further submitted that the school attendance register relating to the teachers was produced before a co-ordinate Bench of this Court, when he made the Xerox copy of those attendance register. At the time of hearing Mr. Majumder, learned counsel has produced the said Xerox copy, from which it reveals that the name of the petitioner is tempered. However, I am not entering to this dispute and according to this Court, this appears to be a bundle of disputed question of facts.

[8] Considering all aspects, I direct the State-respondents, especially to the Director of School Education, to enquire into the matter, and if it is found that the petitioner was actually serving the Barnarayan Islamia Senior Madrasa, Jatrapur, Sonamura, West Tripura, as on 01.01.2010, then, the service of the petitioner may be regularized as stipulated under the Grant-in-Aid Scheme in accordance with law.

[9] With the above observations and directions, the present petition stands disposed of. Pending application(s), if any, also stands disposed of. It is made clear that the respondents shall ensure the presence of the petitioner before the concerned authority, at the time of inquiry.