2026 Supreme(Online)(Tri) 328
HIGH COURT OF TRIPURA
S. Datta Purkayastha, J
Chira Kumar Jamatia – Appellant
Versus
State of Tripura – Respondent
WP(C) No.265 of 2022|WP(C) No.268 of 2022|WP(C) No.378 of 2022|WP(C) No.650 of 2022|WP(C) No.810 of 2022|WP(C) No.831 of 2022
Important Points
Subject
Service Law - Remuneration and Service Benefits
Act Referred
Constitution of India: Art.14
General Provident Fund (Central Services) Rules, 1960: S.35
Headnote
(B) Judicial intervention is warranted when employees possess unequal bargaining power, rendering standard employment contract terms that force lower wages for the same nature of work as inherently exploitative.
(C) An arbitrary re-imposition of a probation-like fixed-pay phase upon state employees who have already successfully cleared a competitive selection process and completed required service thresholds is discriminatory and violates the principle of equal pay for equal work.
(D) Technical resignations from one state-funded position to join another does not necessarily forfeit the continuity of past service for calculation of salary, seniority, or pensionary benefits. (E) Provident fund accounts of employees migrating between public departments are required to be activated or merged in accordance with procedural norms to ensure financial continuity.
Facts of the case:
The petitioners were initially engaged on fixed-pay contract terms under a government scheme. Following a selection process, they resigned to join regular government positions. Despite their experience, the government placed them on a new five-year fixed-pay regime in their recent appointments. The petitioners sought regular pay scales and the counting of prior service for all monetary and retirement benefits.
Findings of Court:
The court determined that the State cannot subject an employee to repeat cycles of exploitative fixed-pay regimes when the nature of duties remains comparable and a competitive selection process has been satisfied. The court rejected the argument that the voluntary acceptance of employment terms bars relief, emphasizing that unequal bargaining power between the state and job seekers nullifies the fairness of such contractual conditions.
Issues: Whether the state can validly impose a fresh period of fixed-pay remuneration on government employees who have previously served in contractual roles, and whether such prior service must be accounted for in terms of current pay and pension eligibility.
Ratio Decidendi: Employment terms that suppress wages below the regular scale for individuals performing identical duties, merely based on the method of recruitment or administrative transitions, are arbitrary. Equity, human dignity, and the principle of equal pay require that past service be honored to prevent the exploitation of labor within the government sector.
Result: Petitions allowed with directions to grant regular pay scales and process financial and retirement benefit adjustments.
For the Appellants/Petitioners: Somik Deb, J. Samed
For the Respondents: S.M. Chakraborty, P. Chakraborty
| Table of Content |
|---|
| 1. factual history of ssa contractual teachers transitioning to permanent state government employment. (Para 1 , 2 , 3) |
| 2. dispute on applying regular pay scales and counting previous service after resignation and re-appointment. (Para 4 , 5 , 6 , 7) |
| 3. arbitrariness of re-imposing fixed pay regimes and the preservation of service benefits under pension and provident fund rules. (Para 8) |
| 4. court mandate for immediate regular pay rectification and procedure for evaluating incomplete service tenure claims. (Para 9) |
HON’BLE MR. JUSTICE S. DATTA PURKAYASTHA
JUDGMENT & ORDER (ORAL)
Common questions of facts and issues being involved in all the six writ petitions, same are heard together and are being disposed of by this common judgment.
[2] The petitioners of WP(C) No.265 of 2022, WP(C) No.378 of 2022, WP(C) No.650 of 2022 and WP(C) No.831 of 2022 were initially engaged on contract basis, either as Primary or Upper Primary teachers under Sarva Shiksha Abhiyan (for short- SSA) whereas the petitioners of WP(C) No.268 of 2022 were engaged as Block Resource Persons and the petitioners of WP(C) No.810 of 2022 were engaged as Cluster Resource Persons under SSA. All the petitioners were engaged under SSA from the year 2004 till 02.06.2015. Thereafter, all the candidates successfully qualified the STPGT/STGT/Teacher Eligibility Test (TET) examination conducted by Teachers’ Recruitment Board Tripura (for short TRBT) and, having been offered with appointments as under graduate, graduate, or post graduate teachers, respectively, they joined to their said subsequent posts. The names of the petitioners, date of their initial appointment in SSA and date of their joining to the subsequent posts are indicated in a tabular chart below:
| Sl. No. | Name of Petitioners | Date of joining under SSA | Date of joining as GT/PGT/UGT | NOC obtained | Remarks |
|---|---|---|---|---|---|
| 1. | Chira Kumar Jamatia | 20.02.2004 (Contract teacher, Upper primary) | GT on 17.01.2020 | Yes | |
| 2. | Arup Dey | 30.03.2010 (Contract teacher, Upper primary) | GT on 02.04.2020 | Yes | |
| 3. | Rupak Chakraborty | 09.02.2004 (Contract teacher, Upper primary) | GT on 20.10.2017 | Yes | |
| 4. | Moutusi Marak | 06.01.2011 (Contract teacher, Upper primary) | GT on 30.06.2017 | Yes | |
| 5. | Sujit Ghosh | 01.02.2010 (Contract teacher, Upper primary) | GT on 02.04.2020 | Yes | |
| 6. | Prabin Kr. Reang | 17.03.2011 (Contract teacher, Upper primary) | GT on 04.11.2019 | Yes | [No supporting document submitted] |
| 7. | Annapurna Debnath | 25.01.2011 (Contract teacher, Upper primary) | GT on 20.10.2017 | Yes | |
| 8. | Sipra Paul | 30.01.2010 (Contract teacher, Upper primary) | GT on 24.10.2017 | Yes | |
| 9. | Sukanta Bikash Barua | 06.09.2007 (Contract teacher, Upper primary) | UGT on 11.01.2018 | Yes | |
| 10. | Subendu Nath | 23.12.2009 (Contract teacher, Upper primary) | UGT on 20.10.2017 | Yes | |
| 11. | Tapash Dhar | 31.03.2010 (Contract teacher, Upper primary) | GT on 24.10.2017 | Yes | |
| 12. | Rajesh Debnath | 01.02.2010 (Contract teacher, Primary school) | GT on 30.06.2017 | Yes | |
| 13. | Khokan Chandra Karmakar | 17.11.2008 (Contract teacher, Upper primary) | UGT on 16.11.2017 | Yes | |
| 14. | Parimal Chandra Das | 01.04.2008 (Contract teacher, Upper primary) | GT on 20.10.2017 | Yes | |
| 15. | Chayan Kanti Datta | 19.05.2012 | PGT on 22.12.2017 | Yes | All the petitioner initially joined as Block Resource Person (BRP) on contract basis under SSA |
| 16. | Bhulu Sarkar | 19.05.2012 | GT on 24.10.2017 | Yes | |
| 17. | Kamalesh Datta | 19.05.2012 | PGT on 17.05.2017 | Yes | |
| 18. | Abhijit Dey | 19.05.2012 | PGT on 20.10.2017 | Yes | |
| 19. | Ajoy Bal | 14.05.2005 | PGT on 20.10.2017 | Yes | |
| 20. | Hiramati Debbarma | 17.06.2009 (Contract teacher, Upper primary) | PGT on 25.02.2019 | Yes | |
| 21. | Anitya Kumar Jamatia | 27.12.2010 (Contract teacher, Upper primary) | PGT on 17.05.2017 | - | No supporting document submitted |
| 22. | Hiramoy Das | 23.12.2009 (Contract teacher, Upper primary) | GT on 20.10.2017 | Yes | |
| 23. | Rajib Kr. Saha | 02.06.2015 | GT on 24.10.2017 | Yes | All the petitioner joined as Cluster Resource Person (CRP) on contract basis under SSA |
| 24. | Bikram Das | 19.05.2012 | GT on 30.06.2017 | Yes | |
| 25. | Dilip Debnath | 19.05.2012 | GT on 24.10.2017 | Yes | |
| 26. | Shyamali Majumder | 15.05.2015 | GT on 17.05.2017 | Yes | |
| 27. | Sushanta Das | 28.05.2015 | GT on 20.10.2017 | Yes | |
| 28. | Uttam Kumar Das | 31.03.201 | |||