Chittaranjan Debbarma vs Director Of School Education And 2 Ors

S. Talapatra, J

Heard Mr. A. Basak, learned counsel appearing for the petitioner as well as Ms. S. Deb, learned counsel appearing for the respondents.

The petitioner who has been working as the Kok-borok Teacher under the Directorate of Elementary Education, Government of Tripura has placed his papers to retire voluntarily from the service. The petitioner has asserted that he has completed 25 years of service and hence, he is entitled to full benefit of pension and other retirement benefits under Rule 48-A of the CCS(Pension) Rules, 1972 as adopted by the Government of Tripura. But his prayer has not been considered by the respondents till the date of filing the writ petition arbitrarily.

On 21.06.2021, the respondents have filed their reply and contended that the petitioner was appointed as the Kok-borok Teacher in terms of the memorandum dated 15.04.1992 and according to them the salary of the petitioner was released up to the month of June, 2016 and thereafter no salary has been paid to the petitioner. Reasons for non-payment of further salaries are that the petitioner has been unauthorizedly absenting from the duty. At the same time, they have admitted that in the year 2016, the petitioner performed his duty for twenty five days and in the year 2019, the petitioner performed his duty for twenty two days. The petitioner did not even inform the school authority about his absence or reason for such absence from the duty.

The respondents have referred to the office memorandum No.F.20(1)-GA(P&T)/18(Part) dated 12.12.2018 issued by the General Administration (Personnel & Training) Department, Government of Tripura [Annexure-R/2 to the reply] as it provides that if any employee is found to be unauthorizedly absenting himself from duty for more than one year, action as per rule should be taken for his deemed resignation. According to the respondents, for such long absence from the duty, the petitioner be deemed to have resigned from the duty and as such, consideration as regards the voluntary retirement cannot be extended.

But Mr. Basak, learned counsel appearing for the petitioner has raised serious objection to such proposition as made in the reply filed by the respondents. According to him, for deeming a person to have resigned from the service, a due process has to be followed. Till the date of filing the writ petition, no such process was initiated by the respondents. On 11.06.2021, one memorandum under No.F.7(16PF 94)-DEE/Trg(VRS)/2021/191 [Annexure-R/3 to the reply] was issued to asking the petitioner why action should not be taken against the petitioner for his prolonged unauthorized absence as per the said memorandum dated 12.12.2018 [Annexure-R/2 to the reply].

Mr. Basak, learned counsel has submitted that the petitioner has come across to the said memorandum dated 11.06.2021 only from the reply filed by the respondents as no copy was served on him earlier. From the records produced by the respondents, this court has come across one communication dated 18.03.2021 [Annexure-R/5 to the reply] whereby the petitioner was asked to furnish the information/documents as per the list available in the communication dated 12.03.2018 [Annexure-R/4 to the reply]. These two communications dated 12.03.2018 and 18.03.2021 are in contrast to the stand taken by the respondents in their counter-affidavit.

Be that as it may, since the petitioner has not denied the fact of long absence, the respondents cannot be directed to accept the petitioner's prayer for voluntary retirement. The petitioner shall file his reply in response to the memorandum dated 11.06.2021 by next 15(fifteen) days from today to the Director, Elementary Education, Government of Tripura, Agartala. Thereafter, upon consideration of the said reply, the Director of Elementary Education shall take the decision as would be just and appropriate. It may be mentioned here that before filing the reply, the petitioner may file prayer for leave towards regularization of absence. Both the said prayer for leave, if filed, as aforesaid and the reply in response to the memorandum dated 11.06.2021 shall be considered simultaneously.

In view of the above observation, this petition stands disposed of. The disposal, as directed, be made by the Director, Elementary Education within 6(six) weeks from the day of receipt.

A copy of this order be supplied to the counsel for the parties for onward transmission.