SMT. KAMALA BHATTACHARJEE Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 15.06.2012 delivered in WP(C) No.470 of 2015 by the learned single judge the writ petitioner has preferred this intra-court appeal.

(2.) The facts not in dispute and relevant for appreciating the grounds urged in this appeal are being noted at the outset. The writ petitioner was appointed as the Post Graduate Teacher in Fatikroy Class-XII School w.e.f. 28.12.1979 pursuant to the offer of appointment under No. F.17/78-79/SECY-FHS/312 dated 11.12.1979 issued by the respondent No.7. The said school was privately managed school under Grant-in-Aid by the Government of Tripura. Subsequently on her selection as the Post Graduate Teacher in Harachandra Class-XII School, another privately managed school under Grant-in-Aid by the Government of Tripura, by the memorandum under No. HHS(6-K)/Adm/86/2489(2) dated 07.08.1986, the petitioner joined in the said school on 25.09.1986. Even though in the said memorandum dated 07.08.1986 there is no stipulation that the petitioner would be provided pay protection in view of her previous service in the Fatikroy Class-XII School but by the communication under No. HHS(6-K)/Adm/86/2573 dated 09.11.1986 the Administrator, Harachandra Class-XII School had communicated to the appellant, hereinafter referred to as the petitioner as under:

(3.) The petitioner having been released by her previous employer joined in Harachandra Class-XII School on 25.09.1986 by submitting the joining report with copy of the release order and other papers. The said release order under No. F.6(43)/79-80/SECY-FHS/150 dated 24.09.1986 issued by the Secretary, Fatikroy Class-XII School reads as under: