Advocates:
['Mr ARIJIT BHAUMIK', '', 'S DEY', 'GA', '', 'Mr P SAHA']

HIGH COURT OF TRIPURA

AGARTALA

WP(C) 145/2021

For the Petitioner(s)

:

Mr. A. Bhaumik, Advocate

For Respondent(s)

:

Mr. D. Bhattacharjee, GA

Mr. S. Saha, Advocate

HON’BLE MR. JUSTICE ARINDAM LODH

Order

25/07/2022

Heard Mr. A. Bhaumik, learned counsel appearing for the petitioners as

well as Mr. D. Bhattacharjee, learned GA assisted by Mr. S. Saha, learned

counsel appearing for the respondents-State.

The petitioner was first appointed as graduate teacher under the

respondents. Out of litigations, the service of the petitioner alongwith other

graduate teachers were terminated. Thereafter, the State-respondents had

appointed them as graduate teachers on adhoc basis. The petitioner had

served the State-respondents as adhoc teacher upto 31.03.2020. Thereafter,

the petitioner was appointed as graduate teacher by regular selection process

through the Teacher Recruitment Board (Tripura), for short 8TRBT9. Since

the petitioner was appointed in the said post, his service will be guided by

the decision of this court rendered in WP(C) 295 of 2019 [titled as Sangita

Reang vs. State of Tripura and others], and he comes within the purview of

8Category-19.

Mr. Bhattacharjee, learned GA has submitted that the issue raised by the

petitioner in this writ petition is covered by the decision of WP(C) 901 of

2021 [titled as Sri Uttam Kumar Das and others vs. State of Tripura &

others].

In the light of the principles laid down in the aforesaid decision, this

court is persuaded to direct the respondents to regularize the gap

commencing from 01.04.2020 till the date of joining of the petitioner by

deeming him to be in service and the non-working period meaning the gap

period be regularized by granting admissible non-paid leave (EOL), so far,

the other benefits are concerned, that shall be released in favour of the

petitioner in terms of the directions in Sangita Reang (supra).

The entire process shall be completed within a period of 6 (six) months

from today.

With the aforesaid observation and direction, the instant writ petition

stands disposed of.

Interim application(s), if any, also stands disposed.

JUDGE

Saikat