Debasree Bhowmik And Ors vs State Of Tripura And Ors

Heard Mr. A. Bhowmik, learned counsel appearing for the petitioners as well as Mr. D. Bhattacharya, learned G.A. appearing for the respondents.

Both the writ petitions being WP(C)No.285 of 2020 [Debasree Bhowmik versus State of Tripura & Others] and WP(C)No.287 of 2020 [Smriti Kana Roy versus State of Tripura & Others] are combined for disposal by a common judgment as those are squarely covered by the judgment dated 29.01.2020 delivered in a series of writ petitions including WP(C)No.295 of 2019 titled as Sangita Reang and Others versus State of Tripura & Others.

Mr. D. Bhattacharya, learned G.A. appearing for the respondents has candidly submitted that all these writ petitions fall in the Category-III as delineated in paras-29 and 30 of the said judgment [Sangita Reang and Others versus State of Tripura & Others] and as such, there is consensus in the bar on coverage of the said judgment. On examination of the judgment, this court is of the considered view that the relief as granted by this court in Sangita Reang(supra) under Category-III is also entitled to the petitioners.

Accordingly, it is directed that the petitioners' past service shall be counted for the limited purpose of retaining their leave credit, provident fund, pension and gratuity and further that they will be placed in the regular scale of pay from the very date of their fresh appointment and the pay will be fixed at the minimum of the scale. They would receive all admissible allowances.

In sequel, the respondents are directed to implement this order by releasing the benefits that would accrue from the direction as above or is entitled to the petitioners within a period of three months from the date when the petitioner shall place a copy of this order to the respondents.

In terms of the above, this writ petitions stand allowed and disposed of.

No order as to costs.