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TRIPURA HIGH COURT
T. N. R. Tirumalpad, J. C.
Union of India v. Jogendra Kumar Choudhary
| Table of Content |
|---|
| 1. guarantee of service continuation post-merger is non-discriminatory. (Para 4) |
| 2. conditions of service for permanent employees must be adhered to. (Para 30 , 40) |
| 3. retirement policy must align with prevailing laws. (Para 39 , 41) |
| 4. discretionary authority controls re-employment rules. (Para 62 , 64) |
| 5. modification in compensation awarded to reflect accurate dues. (Para 67) |
1. This is an appeal by the Union of India and the Union Territory of Tripura against the judgment and decree of the Subordinate Judge, Tripura dated 11-7-1958 in Civil Suit No.37 of 1955 by which he gave a decree to the respondent - plaiatiff for a sum of Rs.14,527-15-3 against the appellants, the respondent has filed a memorandum of cross - objections for the portion of the suit claim which was disallowed by the Subordinate Judge.
2. The respondent Shri J.K. Choudhury was employed in the Sylhet District of Assam in the Assam Education Service before the partition of India. After the said partition in 1947 in which Sylhet District, went to Pakistan, he opted for service in India. But the Government of Assam dispensed with his services with effect from 1-4-1948 granting him proportionate pension
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