STATE OF TRIPURA AND OTHERS Vs. SANJOY DEBBARMA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 5.6.2006 passed in the writ petition being WP(C)154/1995. By virtue of the said judgment and order, the Petitioner, who is the Respondent in this appeal, is entitled to get reinstatement in service upon setting aside and quashing of the impugned order dated 15.2.1995, by which invoking the provisions of Rule 5(1) of the Central Civil Services (Temporary Service) Rules, 1965, his service was dispensed with on payment of one month's salary in lieu of the notice. By now, almost 17 years have gone by from the date of termination of the services of the Petitioner-responded during which period he is not in service.

(2.) Shortly stated the fact leading to filing of the writ petition towards assailing the said order dated 15.2.1995 as stated in the writ petition are that the Petitioner was offered the post of Junior Operator (Pump) by the Chief Engineer, Irrigation, Flood Control and Public Health Engineering wing of the Public Works Department, Govt. of Tripura vide Office Order dated 7.5.1990. Pursuant to acceptance of offer of appointment, he was formally appointed vide Office Order dated 4.8.1990.

(3.) In paragraph 3 of the writ petition, the Petitioner has stated that his father is popularly known as Hiru Deb Barma although his good name is Hiran Chandra Deb Barma @ Hiralal Deb Barma. According to the Petitioner that there was mistake in the name of the village mentioned in the offer of appointment as the Petitioner actually resided in the Village Krishna Kishore Nagar. It has been stated that he had submitted attestation form in respect of the employment mentioning his address as Krishna Kishore Nagar and also the good name of his father as Hiran Chandra Deb Barma. It has further been stated in the said paragraph that the Petitioner was temporarily residing in the Village Kalkalia in the year 1990.