STATE OF TRIPURA Vs. PURANJOY NATH

JUDGEMENT

(1.) The batch of writ appeals aforenoted, preferred by the writ petitioners as well as the respondents-State, are directed against the impugned common judgment and order dated 30.07.2010, passed by the learned Single Judge, in the following set of writ petitions i.e. WP (C) 356/2007, WP (C) 339/ 2007, WP (C) 353/2007, WP (C) 336/2007, WP (C) 341/2007, WP (C) 354/2007, WP (C) 355/2007, WP (C) 357 of 2007 and WP (C) 342/2007. Since the entire batch of writ appeals aforenoted filed by the State as well as the writ petitioners are based on similar set of facts, involving common questions of law, we propose to dispose of these appeals by this common judgment.

(2.) Briefly stated, the facts giving rise to the aforenoted writ appeals are that writ petitioners (petitioners-appellants hereinafter) were duly appointed, in the year 1990, to the posts of Lower Division Clerk (in short LDC/Store Keeper) on available permanent vacancies in the Social Welfare and Social Education Department, Government of Tripura. Their services were also confirmed, in the year 2000, by the respondents (hereinafter referred to as 'State-appellants'). However, by a Memorandum, dated 21.09.2007, issued by the respondent No.2 (Director of Social Welfare & Social Education Department, Government of Tripura), the appointments of 10(ten) persons, including those of the writ petitioners-appellants, were cancelled after seventeen years of continuous service. Being aggrieved by the cancellation of their appointments, long after 17 (seventeen) years of continuous service having being rendered, on permanent employment, the writ petitioners-appellants approached this Court by filing writ petitions.

(3.) The facts, pleaded in the writ petitions, are not in dispute. The State-appellants contested the aforenoted writ petitions by filing affidavit. Learned Single Judge, by the impugned common judgment and order, allowed all the nine writ petitions aforenoted, set aside and quashed the impugned Memorandum, dated 21.09.2007, with further direction to the State-appellants to reinstate the petitioners-appellants in service immediately. The learned single Judge, by the impugned judgment and order, also directed the State-appellants that the writ petitioners shall be accorded all service benefits including continuity in service and notional fixation of pay, etc., except the back wages, for the period, during which the writ petitioners had remained out of their employment.