SANGITA REANG Vs. STATE OF TRIPURA

JUDGEMENT

(1.) These petitions arise in similar background. However, there are some internal differences of facts. The central issue and broad considerations being common, these petitions have been heard together and would be disposed of by this common judgment. To the extent facts differ, the petitions would be divided in different categories so that each category of cases would have common relevant facts.

(2.) At the outset, we may record brief background leading to the present group of petitions. All the petitioners were recruited by the State of Tripura as Teachers in the State Government schools in the year 2010. There are three cadres of teachers in the Government schools namely, Under Graduate Teachers, Graduate Teachers and Post Graduate Teachers, each requiring different educational qualifications. The selection process through which the petitioners and other large number of teachers were recruited in the year 2010 and thereabouts was challenged in a bunch of petitions before the High Court. Division Bench of this Court in case of Tanmoy Nath and others v. State of Tripura and others reported in (2014) 2 TLR 731 found that such recruitment process suffered from various irregularities. The Court held that the entire policy of the State Government was bad because it gave no guidelines. Resultantly, the Court was of the opinion that entire selection shall have to be set aside. While doing so, in order to see that the education of young children does not suffer, the Court directed that the concerned teachers whose selections have been set aside shall continue to function in their present place of postings till 31.12.2014. The Court granted further directions laying down broad guidelines to follow for future selections. In the later portion of the judgment, the Court clarified that if the persons who were selected in the previous selection are again selected then the service rendered by them earlier shall be counted for the purpose of seniority, pension and all other purposes. Relevant portion of the judgment of this Court in case of Tanmoy Nath (supra) may be noted:

(3.) The State of Tripura challenged the said judgment of the Division Bench of this Court in case of Tanmoy Nath (supra). The Supreme Court by an order dated 04.08.2014 stayed the directions contained in paragraph-123 of the said judgment, which is reproduced hereinabove. The Supreme Court disposed of the appeal of the State Government finally by an order dated 29.03.2017, which order reads as under: