Tripura High Court
Sri Shayan Roy vs The State Of Tripura & Ors on 4 March, 2024
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
WP(C) No. 173 of 2024
Sri Shayan Roy Petitioner(s)
Versus
The State of Tripura & Ors. Respondent(s)
For Petitioner(s) : Mr. K. Nath, Advocate.
For Respondent(s) : Mrs. R. Chakraborty, Advocate
HON'BLE MR. JUSTICE T. AMARNATH GOUD
ORDER
04.03.2024
This petition has been filed under Article 226 of the Constitution of
India seeking the following reliefs:-
" i. Issue rule upon the respondents to show cause as to why a writ in the
nature of mandamus and/or order/orders and/or direction/directions of like
nature shall not be issued whereby directing the respondents to treat the
period rendered by petitioner as post Graduate Teacher, w.e.f 26.08.2010
to 31.03.2020 before the joining of the petitioner in the post of Graduate
Teacher, being selected and recommended by TRBT for appointment, for the
purpose of seniority, pension and all other purposes including pay protection.
ii. Issue rule upon the respondents to show cause as to why a writ in the
nature of mandamus and/or order/orders and/or direction/directions of like
nature shall not be issued whereby directing the respondents to extend the
similar benefit granted by the Hon'ble High Court, vide Judgment and order,
dated 21.01.2019, passed in W.P(C) No.435/2018 in between Babul Debnath
& Others-Vs- State of Tripura & Others & Common Judgment & Order, dated
29.01.2020, passed by the Hon'ble High Court in W.P(C) No. 295/2019,
Sangeeta Reang & Others & similar other Writ Petitions & Order dated, 06.07.
2020 passed by the Hon'ble High Court in W.P (C) No .381/2020 in Prasanta
Pal -Vs- State of Tripura & Others and W.P(C) No. 901/2021, in Uttam Kumar
Das & Others -Vs- State of Tripura & Others, to the petitioner.
iii. Issue rule upon the respondents to show cause as to why a writ in the
nature of Mandamus and/or order/orders and/or direction/directions of like
nature shall not be issued whereby directing the respondents to extend the
similar benefit granted by the Hon'ble High Court, vide Judgment & Order (
oral), dated 09.01.2024, passed in W A No. 304/2021, in between State of
Tripura & Others-Vs- Smt. Tapti Debbarma, to the petitioner.
iv. Issue rule upon the respondents to show cause as to why a writ in the
nature of mandamus and/or order/orders and/or direction/directions of like
nature shall not be issued whereby directing the respondents to activate GPF
account of the petitioner, by accepting monthly contribution of the petitioner
, till retirement of the petitioner from service on superannuation.
(v) Issue rule upon the respondents to show cause as to why a writ in the
nature of Mandamus and/or order/orders and/or direction/ directions of like
nature shall not be issued whereby directing the respondents to the effect
that, common termination letter, dated 31.03.2020 , will not be applicable to
the petitioner & the petitioner will be deemed to be in service & the non
working period w.e.f. 01.04.2020 to 18.07.2021, till the joining of the
petitioner in the post of Graduate Teachers being recommended by TRBT to
be regularized by granting admissible non paid leave.
vi. Issue rule upon the respondents to show cause as to why a writ in the
nature of mandamus and/or order/orders and/or direction /directions of like
nature shall not be issued whereby directing the respondents to treat the
petitioner appointed as Graduate Teachers on the recommendation of the
Tripura Teachers Recruitment Board, in the regular pay scale pertaining to
the post of Graduate Teacher.
vii. Make the rules absolute.
vii. Call for records.
viii. Pass any further order/orders as this Hon'ble High Court considered fit
and proper."
[2] Heard Mr. K. Nath, learned counsel appearing for the petitioner.
Also heard Mrs. R. Chakraborty, learned counsel appearing for the
respondents- State.
[3] On perusal of the record, it is seen that the petitioner has
submitted a representation dated 12.08.2022 before the respondents which
is duly received by the Education Inspectorate, Panisagar, North Tripura but
the same is still pending with them.
[4] In view of the above, without expressing any opinion on the
merits of the case, this writ petition is disposed of directing the respondents
to consider the case of the petitioner in the light of his representation dated
12.08.2022 in accordance with law within a period of three months from the
date of receipt of the copy of this order.
[5] With the above observation and direction, this present writ
petition stands disposed of. As a sequel, miscellaneous application(s),
pending if any, shall stand closed.
JUDGE
Paritosh
SABYASACHI Digitally signed by SABYASACHI
GHOSH
GHOSH Date: 2024.03.05 15:49:19
+05'30'
