RAJEN DATTA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Petitioner was appointed as a Graduate Teacher in the year 2010. However, by virtue of the judgment of Division Bench of this Court in case of Tanmoy Nath and others v. State of Tripura and others reported in (2014) 2 TLR 731, his services came to be terminated. He, however, continued under interim protection, initially granted by the High Court and thereafter extended by Supreme Court. During such period, he was selected on regular basis through the fresh selection process and appointed as an Under Graduate Teacher which post he joined on 28th December, 2017. Thereafter, he was selected for the post of Graduate Teacher and resumed duty on 19th March, 2020 on the said post. His grievances are that at the time of his appointment as an Under Graduate Teacher as well as a Graduate Teacher, he was not granted the regular pay scales and his past service for the pay protection was not counted. He relies on the decision of this Court in case of Smt. Sangita Reang and others v. State of Tripura and others in WP(C) No.295 of 2019 and connected petitions dated 29th January, 2020.

(2.) Perusal of the judgment of the Court in case of Sangita Reang (supra) will show that the case of the petitioner does not fall in any of the three specified categories but in a hybrid case. The petitioner who was previously appointed as a Graduate Teacher was first selected and was reappointed as an Under Graduate Teacher and, thereafter, he tried again and was selected as a Graduate Teacher.

(3.) In view of such facts, the respondents concerned have in their affidavit suggested the following mode of regulating the petitioner's pay and allowances :