AGARTALA, India, March 26 -- Tripura High Court issued the following order/judgement on Feb. 23:

1. Heard Mr. Tapash Datta Majumdar, learned senior counsel appearing for the petitioner.

Mr. Karnajit De, learned Addl. G.A. appears and accepts notice for all the respondents.

The case of the petitioner is that she joined as a School Mother pursuant to an appointment order issued on 14.12.1989 (Annexure-1 to the writ petition). After rendering long satisfactory service as a School Mother, she went on superannuation on 30.06.2024. During her initial service, she was placed on a fixed pay basis from the date of her joining in the said post, and her service was regularized vide memorandum dated 03.11.2007 with effect from 01.10.2007. Now, it is the grievance of the petitioner that her previous service rendered on consolidated fixed pay was not taken into account while computing her post-retiral benefits. Therefore, the present writ petition has been filed with the following reliefs:

"(i) Issue a Rule Nisi Calling upon the respondents to show cause as to why a writ in the nature of Mandamus or any other appropriate writ, order, or direction shall not be issued directing them to count the petitioner's fixed pay service from 25.07.1990 to 30.09.2007 as qualifying service for pension, gratuity, leave salary, and all other pensionary benefits, with interest at 9% per annum from the date such benefits fell due until realization, thereby rectifying the grave injustice inflicted upon her.

(ii) Issue a Rule Nisi calling upon the respondents to show cause as to why a writ in the nature of Certiorari or any other appropriate writ, order, or direction shall not be issued quashing the impugned decision reflected in the Pension Payment Order (Annexure-2) excluding the said period, and directing the production of all relevant records for the rendition of substantial justice.

(iii) After hearing the parties and perusing the records, make the Rule absolute in terms of prayers (i) and (ii) above. (iv) Pass such other and further order(s) as Your Lordships may deem fit and proper in the facts and circumstances of the case."

Mr. Datta Majumdar, learned senior counsel submits that already the matter is settled by the Division Bench of this High Court in the case of Smti. Mamata Rani Roy (Saha) vs. The State of Tripura & Ors., in WP(C) No.77 of 2015, decided on 08.10.2015 (Annexure-6 to the writ petition), wherein a similar issue fell for consideration as to whether the service rendered by the petitioner as a fixed pay employee as School Mother had to be taken into consideration while computing her qualifying period for the purpose of grant of pension and other retiral benefits. Finally, the Division Bench held that the service rendered by the petitioner of the said writ petition from the date of her joining as School Mother on a fixed pay basis should be added to her regular service for the purpose of calculating her pension and other retiral benefits.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816xxCU4QMVtGhf3sXAfGTAMKyYYr0OrDlb2%2F%2FA9WoULxHO&caseno=WP(C)/435/2025&cCode=1&cino=TRHC010012552025&state_code=20&appFlag=)

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