SRI KARTIK MOHAN JAMATIA Vs. THE STATE OF TRIPURA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF SCHOOL EDUCATION, THE DIRECTOR OF SCHOOL EDUCATION, GOVERNMENT OF TRIPURA, THE HEADMASTER, WEST KHUPILONG S.B. SCHOOL AND THE INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner, Sri Kartik Mohan Jamatia, a Kokbork Teacher, challenging the order of dies non for the period from 15.04.2000 to 07.02.2001 and also for cancellation of the entries in the Service book relating to increment, salary and pay scale etc. for the period from 15.04.2000 to 07.02.2001 as well as the order of recovery of the amount of Rs. 64,580/ - allegedly overdrawn by him due to wrong fixation of pay (Annexure -10 and 11 to the writ petition, respectively). Heard Mr. Sekhar Datta, learned counsel for the petitioner as well as Mr. TD Majumdar, learned GA for the State.

(2.) PLEADED case of the petitioner is as follows: - -

(3.) THEREAFTER , the petitioner served a notice on 27.06.2006 under Section 80(1) of CPC to the State respondents praying for unpaid salary for the said period. On receipt of the notice, the respondent No. 2, Director of School Education, Government of Tripura, issued a memo on 03.10.2006 asking the petitioner to show cause as to why the period of absence from 15.04.2000 to 07.04.2001 should not be treated as dies non for all purposes. The petitioner received the said notice on 23.10.2006 and submitted reply on 30.10.2006 to the Director of School Education, respondent No. 2 herein. Upon receipt of the reply, the respondent No. 2, issued the impugned order of dies non. Thereafter, respondent No. 4, Inspector of Schools, Education Inspectorate, Udaipur vide Annexure -11 to the writ petition asked the petitioner to deposit Rs. 64,580/ - as overdrawn by him due to wrong fixation of pay. Hence, the writ petition.