NAKHATRA KUMAR MURASING Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. Somik Deb, learned counsel appearing for the petitioner as well as Mr. N. Choudhury, learned G.A. appearing for the respondents.

(2.) There is no dispute that the petitioners were appointed as the Graduate Teachers under the Directorate of School Education and after completion of 5[five] years of continuous service on fixed monthly pay, their regular pay scale for the substantive post was released. Those appointments admittedly were questioned in a proceeding before this court. By the judgment and order dtd. 7/5/2014 delivered in Tanmoy Nath and others v. State of Tripura and others, reported in (2014) 2 TLR 731 the their appointments were struck down and as consequence thereof, the petitioners were terminated. The petitioners, for purpose of getting the benefit of their past service, have referred Para-125 in the judgment in Tanmoy Nath (supra) which reads as under:

(3.) Both the counsel appearing for the parties have submitted that the petitioners' case is well covered by the decision of this court rendered in Babul Debnath and Ors. v. State of Tripura and Ors. [the judgment and order dtd. 21/1/2019 delivered in W.P.(C) No.435 of 2018, Annexure-6 to the writ petition] where this court has observed inter alia as under: