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2014 DIGILAW 198 (TRI)

Sabita Saha v. State of Tripura

2014-05-29

S.TALAPATRA

body2014
JUDGMENT S. Talapatra, J.:- Heard Mr. A.L. Saha, learned counsel appearing for the petitioner as well as Ms. A.S. Lodh, learned Addl. Govt. Advocate appearing for the respondents. 2. Being aggrieved by the decision communicated vide letter dated 30.07.2004, Annexure-4 to the writ petition (hereinafter referred to as the ’impugned order’), that the petitioner shall be entitled to the benefit of past service from 01.10.1992 to 17.04.2002 for purpose of pension and pensionary benefits only, the petitioner has filed this writ petition. The grounds for denying the period from 15.06.1990 to 30.09.1992 has not been disclosed by the respondents when the representation of the petitioner was regretted by the respondents. From the communication dated 08.05.2007, Annexure-5 to the writ petition, no reason does surface for such refusal to grant the benefit of the past services of the petitioner from 15.06.1990 to 30.09.1992. 3. The State-respondents, by filing the counter-affidavit, have stated that the petitioner was appointed as the Assistant Teacher under the Education Department, Govt. of Tripura, on Fixed Pay basis since 12.06.1990 and the Department had declared her regular from 01.10.1992. Even though she had been given the regular scale of pay, but she had not been confirmed as the Asstt. Teacher in the Education Department. Those teachers who had joined the service upto 1985 were only confirmed. 4. Ms. A.S. Lodh, learned Addl. Govt. Advocate has produced before this court the up-dated instruction from the Director of School Education, Govt. of Tripura in the form of the Note No. 42 contained in File No. 10(363)-LA/DHE/08(L), which reads as under: Kindly refer to Note No. 35 of the L.A. Section, Directorate of Higher Education. In response, the Directorate of School Education vide their Note No. 40 & 41 stated that Smt. Saha has joined her service on 15.06.1990 in the regular scale of pay of Rs. 1450-3010/-appointed vide Memo No. F.(1-1)-DSE/89(Vol-1) dated 12-11-1990 at Page/29c. It is also stated that vide Note No. 41 that Dr. Saha was initially appointed as Asstt. Teacher on regular scale of pay (Not on fixed pay basis) for a period of 1(one) year w.e.f. 15-06-90. She was allowed to continue her Service Until Further Order vide Memo No. F.1(1-88)-DSE/88 dated 21-05-2001 at Page/58c. So, it is found that the letter issued by the former Director of School Education dated 31-12-2003 at Page/70 is not justified. Teacher on regular scale of pay (Not on fixed pay basis) for a period of 1(one) year w.e.f. 15-06-90. She was allowed to continue her Service Until Further Order vide Memo No. F.1(1-88)-DSE/88 dated 21-05-2001 at Page/58c. So, it is found that the letter issued by the former Director of School Education dated 31-12-2003 at Page/70 is not justified. Her tendered resignation was accepted by the Director of School Education, Govt. of Tripura as on 17-04-2002 (A/N) at Page/12c and she has joined as an Asstt. Professor in Govt. Degree College, Belonia on 18-04-2002. In view of above, now the file may kindly be marked to the Ld. Addl. Govt. Advocate (Mrs. A.S. Lodh) for her kind perusal as per her queries vide Note-35 ante and for taking next course of action on the issue. 5. Ms. Lodh, learned Addl. Govt. Advocate has further pointed out that by the letter dated 31.12.2003, Annexure-R/1 to the counter-affidavit, the Director of School Education, Govt. of Tripura, had communicated to the Director of Higher Education, Govt. of Tripura that the past service of the petitioner shall be counted from when the petitioner was brought under the regular establishment, that is from 01.10.1992. The period from 15.06.1990 to 30.09.1992 cannot be counted, inasmuch as at that period, it is contended, the petitioner was not under the regular establishment. 6. By the Note No. 42 as extracted, the respondents have altered their position by stating that the petitioner was getting the regular pay scale as she was in the regular establishment from the inception of her service from 15.06.1990. 7. Mr. A.L. Saha, learned counsel appearing for the petitioner has submitted that the impugned order dated 30.07.2004, Annexure-4 to the writ petition had been passed on an incorrect data. The respondents ought to have corrected the impugned order on having received the representation. 8. From a close scrutiny of the records so produced, it appears to this court that the petitioner is entitled to get her past service rendered from 15.06.1990 to 17.04.2002 as the Asstt. Teacher under the Education Department, counted for purpose of pension and pensionary benefits. 9. Having held so, the respondents are directed to grant the benefit of the past service rendered for the period from 15.06.1990 to 17.04.2002 for purpose of pension and pensionary benefits to the petitioner. Teacher under the Education Department, counted for purpose of pension and pensionary benefits. 9. Having held so, the respondents are directed to grant the benefit of the past service rendered for the period from 15.06.1990 to 17.04.2002 for purpose of pension and pensionary benefits to the petitioner. Necessary correction in the records be made within a period of 2(two) months from the date when the certified copy of this order be furnished by the petitioner to the competent authority. 10. In the result, this petition stands allowed. No order as to costs. The records so produced by Ms. A.S. Lodh, learned Addl. Govt. Advocate is returned.