Sushmita Debbarma vs State Of Tripura And Ors

Notice for final disposal made returnable forthwith. Notice waived by Mr. D Sharma, learned Additional Government Advocate, appearing on advance copy.

Petitioner was appointed as teacher by the State of Tripura for its Government schools. Petitioner's service was under jeopardy on account of the judgment of Division Bench of this Court in case of Tanmoy Nath and others Vs. State of Tripura and others reported in (2014) 2 TLR 731. In the year 2017/2018 the petitioner appeared and was selected on fixed pay basis through fresh selection processes. The question of his pay fixation pursuant to such appointment is involved in this petition.

Single Judge of this Court in case of Vs. The State of Tripura and others in Smt. Sangita Reang and others WP(C) No.295 of 2019 and connected petitions in a judgment dated 29.01.2020 considered similar situation. Cases of teachers in the said group of cases were divided into 3(three) categories. It is undisputed that the case of this petitioner falls in Category-I referred to in the said judgment in respect of which following observations and directions have been made:

"8. Factually, three different situations would arise and these petitions therefore would be bunched in such three broad categories. Category-I would be those cases where a teacher, who was previously selected and appointed on a particular post which selection and appointment was set aside by this Court in Tanmoy Nath (supra) is now through fresh selection process selected and appointed on the same post. Following petitions would fall in this category:

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With respect to Category-I, learned counsel drew my attention to an order of Division Bench of this Court in case of Sri Babul Debnath and others Vs. The State of Tripura and others [W.P. (C) No.435/2018] dated 21.01.2019 in which similar issue had come up for consideration. The High Court had allowed the petition and protected the past service of the petitioners.

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Under the circumstances, petitions are disposed of with following directions:

(i) In case of Category-I cases, the petitioners shall receive full benefit of the past service for the purpose of seniority, pension and all other purposes.

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This entire exercise of re-fixation of the pay of the petitioners shall be completed within a period of 3 (three) months from today. Available monetary benefits be released within a period of 2 (two) months thereafter."

Under the circumstances, this petition is also disposed of incorporating above quoted directions in the judgment in case of Smt. Sangita Reang (supra) with mutatis mutandis modifications in the timelines provided in the concluding portion of the judgment.

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