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DEEPAK GUPTA, U.B.SAHA
Mamata Rani Roy (Saha) Alias Mamata Roy – Appellant
Versus
State of Tripura – Respondent
Deepak Gupta, J.
The short question which arises in this writ petition is whether the service rendered by the petitioner as fixed pay employee as School Mother has to be taken into consideration while computing her qualifying period for purposes of grant of pension and other retiral benefits.
2. The undisputed facts are that the petitioner was appointed as School Mother on fixed term basis vide order dated 19-07-1990. This appointment was on contractual basis but it continued till the petitioner was regularized in service on 03-11-2007. She retired on attaining the age of superannuation on 30-06-2013. The petitioner claims that this service is to be counted for purposes of calculating her qualifying service.
3. On the other hand, the stand of the State is that the appointment of the petitioner on fixed term basis cannot be taken into consideration and since the petitioner has not completed 10 years of service since her regular appointment in 2007 she is not entitled to pension. It is contended that the petitioner was not in a pensionable employment and was not a Government servant till her regularization.
4. Reference in this behalf may be made to the Tripura Civil Services
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