MIHIR DEBNATH, SON OF SURENDRA KR DEBNATH, Vs. STATE OF TRIPURA; DIRECTOR OF SCHOOL EDUCATION; SECRETARY MANAGING COMMITTEE; TEACHER-IN-CHARGE BUDHAI SAHA PRIMARY SCHOOL

JUDGEMENT

(1.) Heard Mr. B.B. Das, learned counsel appearing for the petitioner as well as Ms. A.S. Lodh, learned Addl. G.A. appearing for the respondents No.1 & 2 and Mr. J. Majumder, learned State counsel appearing for the respondent No.3.

(2.) In a concerted effort, the respondents had compelled the petitioner to retire from service w.e.f. 31.01.2012 (afternoon) by virtue of the communications dated 30.01.2012, 01.03.2012 and 23.02.2012, Annexures-7,9 & 10 respectively, to the writ petition. The respondents had taken the said action on fixing the date of superannuation of the petitioner on 31.01.2012 (forenoon) on completion of 58 years of service. The petitioner has filed this writ petition on the said action.

(3.) The relevant facts those are required to be introduced at the outset and encapsuled briefly. The petitioner was appointed as the Assistant Teacher by the letter of appointment dated 28.06.1990, Annexure-1 to the writ petition in Budhai Saha Primary School, Agartala. At the relevant point of time the said school was solely privately managed school. The undisputed fact is that by the order dated 19.12.1993, Annexure-3 to the writ petition, the said school was recognized under the Grant-in-aid Rules w.e.f. 01.01.1993. As a condition of recognition, the following clause was also incorporated: Clause-6. No further posts either teaching or non-teaching would be sanctioned even if the strength of students is increased subsequently.