The court affirmed that the re-employment status of a pensioner does not guarantee protection under Article 311 unless explicitly stated, and discretion in termination remains with the appointing authority.

Headnote:(A) Tripura State Rules - Rule 20(1) - Merger Agreement - Article VIII - Termination of service - Respondent was deemed a permanent employee despite the merger; Article VIII of the Merger Agreement protected the respondent's rights. The Court evaluated eligibility under the Tripura State Rules, concluding that the respondent's entitlement to benefits was influenced by his status as a re-employed pensioner. The Court determined that the Chief Commissioner had discretion regarding the respondent's continued service, which was not impaired by fitness assessments. (Paras 20-66)

(B) Compensation - Damages claimed for unlawful termination of service under Article 311 of the Constitution - The Court ruled that since the appointment was at the discretion of the Chief Commissioner, termination did not constitute removal or dismissal under Article 311, and thus damages were not awarded. (Paras 59-66)

Facts of the case:
The respondent, a Principal post-merger, contended his employment status was that of a permanent servant protected under the Merger Agreement. The dispute arose concerning pay, allowances, and the nature of his employment following the merger of Tripura. The Subordinate Judge awarded compensation for unpaid salaries and allowances, which was partially modified by the appellate Court. (Paras 1-27)

Findings of Court:
The Court found that the respondent had been appointed as a permanent servant under the Tripura State Rules before the merger and maintained that status after the merger, but acknowledged the discretion of the Chief Commissioner in employment matters. The Court granted certain claims but disallowed claims that were in conflict with the rules. (Paras 27-66)

Issues: The main issues included the respondent's status as a permanent employee, the application of the Merger Agreement, and the implications of termination regarding damages and service rights. (Paras 1-66)

Ratio Decidendi: The court ruled that while the respondent was a permanent employee, the discretion of the Chief Commissioner allowed for his termination without the protections under Article 311 of the Constitution being applicable, as it was not deemed a punitive measure. (Para 66)

Result: The appeal was partially allowed, modifying the compensation to Rs.10,019-3-3, with interest from the date of suit. All costs were borne by both parties.

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 (Ext.2 dated 21-4-1948). He was at that time about 51 years of age. He then joined the services of the then Tripura State as the Principal of the Maharaja Bir Bikram College at Agartala on 12-8-1948 on a salary of Rs.525/- per month plus conveyance allowance of Rs.40/- per month and he was provided with furnished quarters for which he was to pay Rs.25/- by way of fixed rent. Ext.3 is the order of appointment issued by the Dewan of Tripura State.

3. On 15-10-1949 the State of Tripura merged with the Union of India under the Merger Agreement Ext.4. With effect from that date, other arrangements were made for the Government of Tripura by means of the Tripura Administration Order, 1949 by which a Chief Commissioner was appointed as the head of the Administration and all laws in force in Tripura or any part thereof were to continue in force until repealed or amended by competent authority and the Chief Commisioiner was to exercise all powers exercisable by the Maharaja or the Government of Tripura Prior to the said merger.
Then a notification Ext.19 was issued on 15-10-1949 by the Chief Commissioner stating that the officers of the old Tripura State mentioned in the list given in the notification were appointed under the Government of Tripura with effect from 15-10-1949 to the posts mentioned against their names, in continuation of their State services. The respondent's name is mentioned as 9th in the said list for the post of Principal, M.B.B. College.
The dispute in this case arose out of this continuance of the respondent's service.

4. Article VIII of the Merger Agreement Ext.4 is as follows:
(1) The Government of India hereby guarantees either the continuance in service of the permanent members of the Public Services of Tripura on conditions which will be no less advantageous than those on which they were serving before the date on which the administration of Tripura is made over to the Government of India or the payment of reasonable compensation.
(2) The Government of India further guarantees the continuance of pensions and leave salaries sanctioned by the Government of His Highness the Maharaja to members of the Public Services of the State who have retired or proceeded on leave preparatory to retirement, before the date on which the administration of Tripura is made over to the Government of India.
It will be seen from Article VIII(I) that the Government of India guarantees either the continuance in service of the permanent members of the Public Services of Tripura on conditions which will be no less advantageous than those on which they were serving before the merger or the payment of reasonable compensation. According to the respondent, he was a permanent member of the Public Service on the date of the Merger Agreement while according to the appellan

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1962 Supreme(Online)(Gau) 11

TRIPURA HIGH COURTT. N. R. Tirumalpad, J. C.Union of India v. Jogendra Kumar ChoudharyF. A. No. 45 of 1958

The court affirmed that the re-employment status of a pensioner does not guarantee protection under Article 311 unless explicitly stated, and discretion in termination remains with the appointing authority.

TRIPURA HIGH COURT
T. N. R. Tirumalpad, J. C.
Union of India v. Jogendra Kumar Choudhary
F. A. No. 45 of 1958