ANIMESH BAIDYA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. Somik Deb, learned counsel appearing for the petitioners as well as Mr. D. Bhattacharjee, learned GA appearing for the respondents.

(2.) There is no dispute that the petitioners were initially appointed by virtue of the offer of appointment dated 29.03.2012 (Annexure-2 to the writ petition). The petitioners were supposed to get the regular pay scale on completion of five years of service in the fixed pay. But that has not been so done. Now by filing this writ petition, in terms of the leave granted by this court in the former writ petition being No.WP(C) 281 of 2020, the petitioners have urged this court to direct the respondents to count their service which the petitioners have rendered as the fixed pay Assistant Teacher pursuant to their appointment, based on the selection vide the notification dated 27.05.2017 (Annexure-3 to the writ petition).

(3.) Mr. Deb, learned counsel appearing for the petitioners has submitted that for appearing in the fresh selection under the same department, the petitioners had obtained no objection from the appointing authority. After they were selected for the said post of graduate teacher, the petitioners had tendered technical resignation to join the post for which they had been selected i.e. the post of graduate teacher. Such technical resignation, according to Mr. Deb, learned counsel cannot disentitle the petitioners from having the benefit of past service for all purposes.