KANU RANJAN PAUL S/O LATE CHANDRA KUMAR PAUL Vs. STATE OF TRIPURA REP BY CHIEF SECRETARY GOVT OF TRIPURA

JUDGEMENT

(1.) THE challenge in this writ petition is the impugned order dated 13.3.2001 issued by the Director of School Education, Govt. of Tripura, Agartala (Annexure -5 to the writ petition) whereby and where under payment on regular scale of pay to the Petitioner has been stopped.

(2.) HEARD Mr. A.C. Bhowmik, learned senior Counsel appearing for the Petitioner as well as Mrs. A.S. Lodh, learned Additional Govt. Advocate appearing for the State Respondents.

(3.) THE pleaded case of the Petitioner is that on 31.7.1990, the Respondent No. 3, the Director of School Education, Government of Tripura, issued the offer of appointment in favor of the Petitioner along with others for the post of Class -IV under the Education Department, Govt. of Tripura, on a consolidated fixed pay of Rs. 525/ - only. Subsequently, the Petitioner got another offer of appointment for the post of Group -D staff (over -aged) and posting thereof was also issued by the Respondent No. 3 vide Memo dated 25.9.1992. Accordingly, the Petitioner joined in Sonapur Girl's High School on 19.10.1992 as a Group -D staff and the Respondent No. 3 acknowledged the joining letter of the Petitioner and informed the same vide Memo dated 23.11.1992, Annexure -2 to the writ petition, and the Petitioner was allowed to draw regular scale of pay of Rs. 775 -1130/ - w. e. f. 19.10.1992 as per office order dated 1.10.1992. As the Petitioner was drawing his pay on regular scale of pay, he applied for opening of Govt. provident fund, Service Book etc. which was also allowed to the Petitioner. Accordingly, the G.P.F account was opened in respect of the Petitioner and the Service Book was also maintained by the concerned authority treating the Petitioner as a regular employee. As such, the Petitioner was allowed to draw on regular scale of pay up to February, 2001.