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HIGH COURT OF TRIPURA AGARTALA
ARINDAM LODH
Ersad Mia Maisan, S/o. Late Jalfu Mia Maisan – Appellant
Versus
State of Tripura, To be represented by the Principal Secretary, Department of School Education, Government of Tripura – Respondent
JUDGMENT :
ARINDAM LODH, J.
By means of filing the present writ petition, the petitioners have prayed for following reliefs:
“i. Issue Rule upon the Respondents to show cause as to why writ in the nature of mandamus and/or Order/direction shall not be issued whereby directing the Respondents to regularize the service of the Petitioners with all consequent service benefits.
ii. Issue Rule upon the Respondents to show cause as to why Writ in the nature of mandamus and/or Order/direction shall not be issued whereby directing the Respondents to grant regular pay scale pertaining to the posts of Post Graduate Teacher w.e.f. the date when the Petitioners have completed 5 years of service.
iii. Issue Rule upon the Respondents to show cause as to why Writ in the nature of mandamus and/or Order/direction shall not be issued whereby directing the Respondents to give the benefit flowing from the common judgment, dated 23.02.2021, passed in WP(C) No.329/2015 in Sajal Deb Versus State of Tripura & others & WP(C) No.212/2016, passed by the Hon’ble High Court in Monoj Debbarma Versus State of Tripura & others.
iv. Make the rules absolute,
v. Call for records,
vi. Pass any further order/orders as this Hon
The court directed the State to formulate a regularization scheme for Post Graduate Teachers under Samagra Shiksha Abhiyan, emphasizing the need for consultation with the Central Government.
Long service on a contractual basis does not confer a right to regularization or equal pay as per established legal principles.
The court emphasized the principle of equal pay for equal work and mandated reconsideration of petitioners' claims for regularization and pay, acknowledging their qualifications and similar duties co....
The main legal point established in the judgment is that the petitioner's long service as a Trained Graduate Teacher against a substantive vacant post and the Government's decision to declare the non....
Contractual employment lacks the basis for regularization when appointments are made in violation of statutory provisions, emphasizing the necessity for adherence to legal recruitment processes.
The court emphasized the need for fair and non-discriminatory treatment in the regularization of services, in line with the principles of equality enshrined in Articles 14 and 16 of the Constitution ....
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