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S. TALAPATRA
Uttam Kumar Das – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. summary of reliefs sought in petitions. (Para 1) |
| 2. legal precedents on counting past service. (Para 2 , 3 , 4) |
| 3. discussion of memorandum and applicable rules. (Para 5 , 9) |
| 4. arguments on gap affecting benefit entitlement. (Para 6 , 7 , 8) |
| 5. court's decision on entitlement and benefits. (Para 10 , 11 , 12) |
JUDGMENT
S. Talapatra, J. - These writ petitions being W.P.(C) No. 901 of 2021, W.P.(C) No. 902 of 2021, W.P.(C) No. 903 of 2021, W.P.(C) No. 904 of 2021, W.P.(C) No. 962 of 2021, W.P.(C) No. 963 of 2021, W.P.(C) No. 964 of 2021, W.P.(C) No. 965 of 2021 and W.P.(C) No. 17 of 2022 are combined for disposal by a common judgment inasmuch common set of questions have been raised in those writ petitions. Based on the perspective facts, the reliefs those have been urged in these writ petitions are paraphrased and reproduced as under:
To treat the period rendered by the petitioners as Post Graduate Teachers w.e.f. 28.06.2010 or any date as relevant in case of each of the writ petitioners to 31.10.2020 or before the joining of the petitioners in the post of Post Graduate Teacher/Graduate Teacher being selected and recommended by Teachers Recruitment Board of Tripura [TRBT
The court held that the past service of reappointed teachers must be acknowledged for seniority and pension benefits, notwithstanding a service gap.
Homogeneous class of PTA-derived contract teachers entitled to regularization w.e.f. 01.04.2018 counting service from 2015 despite interim delays or technical resignations to rejoin via rules, uphold....
PTA teachers form homogeneous contract class; entitled to regularization w.e.f. 01.04.2018 counting service from Jan 2015 despite delays from court orders or technical resignations to alternative rec....
The court ruled that individuals denied appointments due to administrative errors retain entitlement to benefits and seniority on par with their counterparts, affirming parity despite delayed appoint....
Past temporary services of employees must be considered for pension calculation under the Bihar Pension Rules, ensuring fair treatment and preventing undue hardship.
Half of service rendered under the State Government in non-provincialised service, consolidated pay, honorarium or daily wages basis on or after 1st January 1961 in respect of Government employees ab....
Employment and Service matter - Payment of provident fund - New Pension Scheme - Enforcement of - Under impugned order making applicable NPS being institutions brought within the purview of Payment o....
Point of law: Service Law - Teaching and non teaching staff - Grant old pension Scheme - Rule 19 of Rules of 1978 is applicable for the payment of provident fund to teachers and head masters employed....
Stale and belated claims cannot be entertained, and benefits as directed by a Full Bench order shall be extended only to parties before the Court, with no fresh writ petitions entertained after a spe....
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