In a significant development, Justice T. Amarnath Gour of the Tripura High Court’s single bench has ruled in favor of the illegally retrenched 10,323 teachers who have been fighting for reinstatement. The court set aside the mass retrenchment order issued by the Tripura government, deeming it “omnibus” and in violation of constitutional and legal rights. The judgment, delivered in response to a writ petition filed by three post-graduate teachers, Pradip Debbarma, Kanailal Das, and Moynal Hossain, highlights the importance of proper inquiries and due process before retrenchment.
Advocate B.N. Majumder presented compelling arguments in the case, invoking the Central Civil Service (CCS) rules and articles 311(1) and (2) of the constitution. He asserted that no civil servant, regardless of category, can be retrenched without a proper inquiry conducted by a duly constituted commission of inquiry. Even if an employee is facing dismissal, they cannot be deprived of their constitutional and legal rights, as reaffirmed by a five-member constitution bench of the Supreme Court in the landmark case of “Karunakaran versus the Managing Director” in 1995. Furthermore, the judgment emphasized the requirement of individual notice when a mass of employees is involved.
Advocate B.N. Majumder highlighted the lack of individual notice in the case of the illegally retrenched 10,323 teachers. They were dismissed through an “omnibus” order, as described by Justice T. Amarnath Gour. The absence of individual notices violated the teachers’ constitutional rights and legal protections. The court’s decision brings immense relief to the affected teachers who have been fighting for their reinstatement. Santanu Bhattacharjee, a leading figure among the teachers, expressed hope that the state government, led by Chief Minister Dr. Manik Saha, would now consider their claims for reinstatement with compassion.
The judgment by the Tripura High Court is seen as a significant victory for the 10,323 teachers who were unlawfully retrenched. It strengthens their fight for reinstatement and underscores the importance of upholding their legitimate rights. Santanu Bhattacharjee and other teachers believe that the Chief Minister, known for his sympathy towards their cause, may now be empowered to address their demands. While acknowledging the challenges the government faces in accepting their claims, they are optimistic that the court’s rulings will bolster the Chief Minister’s position and ensure the protection of their rights.
The Tripura High Court’s decision to set aside the retrenchment order issued against the 10,323 teachers is a major victory for their cause. The court’s ruling, based on constitutional and legal principles, underscores the significance of proper inquiries and due process before retrenchment. The absence of individual notices and the “omnibus” nature of the order were deemed violations of the teachers’ rights. The judgment brings hope for reinstatement and the safeguarding of their legitimate claims. The affected teachers, along with Santanu Bhattacharjee as their spokesperson, express confidence in Chief Minister Dr. Manik Saha’s compassion and commitment to addressing their concerns. With the court’s support, they anticipate that their fight for justice will be strengthened and their rights protected.
