Sri Swapan Banik vs The State Of Tripura
2021 Latest Caselaw 497 Tri

                           Page 1




              HIGH COURT OF TRIPURA
                    AGARTALA

                 WP(C) 953 OF 2019
Sri Swapan Banik,
S/O lt. Nikunja Banik, resident of Rabindranagar, P.O. Kanchanpur,
P.S.- Kanchanpur, District- North Tripura
                                                    ----Petitioner
            Versus
1.    The State of Tripura,
Represented by the Secretary-cum-Commissioner, Public Works
Department (R&B), Government of Tripura, P.O. Kunjaban, P.S.
New Capital Complex, District- West Tripura
2.    The Chief Engineer,
Public Works Department (R&B), Government of Tripura, P.O.
Agartala, P.S. West Agartala, District- West Tripura
3.    The Executive Engineer,
Public Works Department (R&B), Government of Tripura,
Kanchanpur Division, P.O. Kanchanpur, P.S. Kanchanpur, District-
North Tripura
4.    The Superintendent Engineer,
Public Works Department (R&B), Government of Tripura, 1st Circle,
Kumarghat, P.O + P.S. Kumarghat, District- North Tripura
5.    The Principal Secretary,
Finance Department, Government of Tripura, P.O. Kunjaban, P.S.
New Capital Complex, District- West Tripura
                                              ----Respondent(s)

WP(C) 954 OF 2019 Sri Dhirendra Nath, S/O lt. Kailash Nath, resident of Subhas Nagar, P.O. Kanchanpur, P.S.- Kanchanpur, District- North Tripura

----Petitioner Versus

1. The State of Tripura, Represented by the Secretary-cum-Commissioner, Public Works Department (R&B), Government of Tripura, P.O. Kunjaban, P.S. New Capital Complex, District- West Tripura Page 2

2. The Chief Engineer, Public Works Department (R&B), Government of Tripura, P.O. Agartala, P.S. West Agartala, District- West Tripura

3. The Executive Engineer, Public Works Department (R&B), Government of Tripura, Kanchanpur Division, P.O. Kanchanpur, P.S. Kanchanpur, District- North Tripura

4. The Superintendent Engineer, Public Works Department (R&B), Government of Tripura, 1st Circle, Kumarghat, P.O + P.S. Kumarghat, District- North Tripura

5. The Principal Secretary, Finance Department, Government of Tripura, P.O. Kunjaban, P.S. New Capital Complex, District- West Tripura

----Respondent(s)

WP(C) 955 OF 2019 Smt. Jyotsna Sharma, W/O Sri Khokan Harijan, resident of Kuricherra, P.O. Kanchanpur, P.S.- Kanchanpur, District- North Tripura

----Petitioner Versus

1. The State of Tripura, Represented by the Secretary-cum-Commissioner, Public Works Department (R&B), Government of Tripura, P.O. Kunjaban, P.S. New Capital Complex, District- West Tripura

2. The Chief Engineer, Public Works Department (R&B), Government of Tripura, P.O. Agartala, P.S. West Agartala, District- West Tripura

3. The Executive Engineer, Public Works Department (R&B), Government of Tripura, Kanchanpur Division, P.O. Kanchanpur, P.S. Kanchanpur, District- North Tripura

4. The Superintendent Engineer, Public Works Department (R&B), Government of Tripura, 1st Circle, Kumarghat, P.O + P.S. Kumarghat, District- North Tripura

5. The Principal Secretary, Finance Department, Government of Tripura, P.O. Kunjaban, P.S. New Capital Complex, District- West Tripura

----Respondent(s) Page 3

WP(C) 956 OF 2019 Smt. Sandhya Rani Sinha, W/O Sri Ramani Sinha, resident of Rabindranagar, P.O. Kanchanpur, P.S.- Kanchanpur, District- North Tripura

----Petitioner Versus

1. The State of Tripura, Represented by the Secretary-cum-Commissioner, Public Works Department (R&B), Government of Tripura, P.O. Kunjaban, P.S. New Capital Complex, District- West Tripura

2. The Chief Engineer, Public Works Department (R&B), Government of Tripura, P.O. Agartala, P.S. West Agartala, District- West Tripura

3. The Executive Engineer, Public Works Department (R&B), Government of Tripura, Kanchanpur Division, P.O. Kanchanpur, P.S. Kanchanpur, District- North Tripura

4. The Superintendent Engineer, Public Works Department (R&B), Government of Tripura, 1st Circle, Kumarghat, P.O + P.S. Kumarghat, District- North Tripura

5. The Principal Secretary, Finance Department, Government of Tripura, P.O. Kunjaban, P.S. New Capital Complex, District- West Tripura

----Respondent(s)

WP(C) 957 OF 2019 Sri Anjit Kumar Nath, S/O Sri Ashwini Kumar Nath, resident of Subhasnagar, P.O. Kanchanpur, P.S.- Kanchanpur, District- North Tripura

----Petitioner Versus

1. The State of Tripura, Represented by the Secretary-cum-Commissioner, Public Works Department (R&B), Government of Tripura, P.O. Kunjaban, P.S. New Capital Complex, District- West Tripura

2. The Chief Engineer, Public Works Department (R&B), Government of Tripura, P.O. Agartala, P.S. West Agartala, District- West Tripura Page 4

3. The Executive Engineer, Public Works Department (R&B), Government of Tripura, Kanchanpur Division, P.O. Kanchanpur, P.S. Kanchanpur, District- North Tripura

4. The Superintendent Engineer, Public Works Department (R&B), Government of Tripura, 1st Circle, Kumarghat, P.O + P.S. Kumarghat, District- North Tripura

5. The Principal Secretary, Finance Department, Government of Tripura, P.O. Kunjaban, P.S. New Capital Complex, District- West Tripura

----Respondent(s)

WP(C) 958 OF 2019 Sri Kali Charan Nath, S/O lt. Sukhamoy Chandra Nath, resident of Netajinagar, P.O. Kanchanpur, P.S.- Kanchanpur, District- North Tripura

----Petitioner Versus

1. The State of Tripura, Represented by the Secretary-cum-Commissioner, Public Works Department (R&B), Government of Tripura, P.O. Kunjaban, P.S. New Capital Complex, District- West Tripura

2. The Chief Engineer, Public Works Department (R&B), Government of Tripura, P.O. Agartala, P.S. West Agartala, District- West Tripura

3. The Executive Engineer, Public Works Department (R&B), Government of Tripura, Kanchanpur Division, P.O. Kanchanpur, P.S. Kanchanpur, District- North Tripura

4. The Superintendent Engineer, Public Works Department (R&B), Government of Tripura, 1st Circle, Kumarghat, P.O + P.S. Kumarghat, District- North Tripura

5. The Principal Secretary, Finance Department, Government of Tripura, P.O. Kunjaban, P.S. New Capital Complex, District- West Tripura

----Respondent(s)

WP(C) 959 OF 2019 Sri Nitai Banik, S/O lt. Rakhal Banik, resident of Netajinagar, P.O. Kanchanpur, P.S.- Kanchanpur, District- North Tripura

----Petitioner Page 5

Versus

1. The State of Tripura, Represented by the Secretary-cum-Commissioner, Public Works Department (R&B), Government of Tripura, P.O. Kunjaban, P.S. New Capital Complex, District- West Tripura

2. The Chief Engineer, Public Works Department (R&B), Government of Tripura, P.O. Agartala, P.S. West Agartala, District- West Tripura

3. The Executive Engineer, Public Works Department (R&B), Government of Tripura, Kanchanpur Division, P.O. Kanchanpur, P.S. Kanchanpur, District- North Tripura

4. The Superintendent Engineer, Public Works Department (R&B), Government of Tripura, 1st Circle, Kumarghat, P.O + P.S. Kumarghat, District- North Tripura

5. The Principal Secretary, Finance Department, Government of Tripura, P.O. Kunjaban, P.S. New Capital Complex, District- West Tripura

----Respondent(s)

WP(C) 960 OF 2019 Sri Harendra Sabdakar, S/O lt. Nagendra Sabdakar, resident of Netajinagar, P.O. Kanchanpur, P.S.- Kanchanpur, District- North Tripura

----Petitioner Versus

1. The State of Tripura, Represented by the Secretary-cum-Commissioner, Public Works Department (R&B), Government of Tripura, P.O. Kunjaban, P.S. New Capital Complex, District- West Tripura

2. The Chief Engineer, Public Works Department (R&B), Government of Tripura, P.O. Agartala, P.S. West Agartala, District- West Tripura

3. The Executive Engineer, Public Works Department (R&B), Government of Tripura, Kanchanpur Division, P.O. Kanchanpur, P.S. Kanchanpur, District- North Tripura

4. The Superintendent Engineer, Public Works Department (R&B), Government of Tripura, 1st Circle, Kumarghat, P.O + P.S. Kumarghat, District- North Tripura Page 6

5. The Principal Secretary, Finance Department, Government of Tripura, P.O. Kunjaban, P.S. New Capital Complex, District- West Tripura

----Respondent(s)

WP(C) 961 OF 2019 Sri Joy Datta Barua, S/O lt. Pulin Barua, resident of Rabindranagar, P.O. Kanchanpur, P.S.- Kanchanpur, District- North Tripura

----Petitioner Versus

1. The State of Tripura, Represented by the Secretary-cum-Commissioner, Public Works Department (R&B), Government of Tripura, P.O. Kunjaban, P.S. New Capital Complex, District- West Tripura

2. The Chief Engineer, Public Works Department (R&B), Government of Tripura, P.O. Agartala, P.S. West Agartala, District- West Tripura

3. The Executive Engineer, Public Works Department (R&B), Government of Tripura, Kanchanpur Division, P.O. Kanchanpur, P.S. Kanchanpur, District- North Tripura

4. The Superintendent Engineer, Public Works Department (R&B), Government of Tripura, 1st Circle, Kumarghat, P.O + P.S. Kumarghat, District- North Tripura

5. The Principal Secretary, Finance Department, Government of Tripura, P.O. Kunjaban, P.S. New Capital Complex, District- West Tripura

----Respondent(s)

WP(C) 962 OF 2019 Smt. Parinita Debnath, W/O lt. Brajendra Debnath, resident of Subhasnagar, P.O. Kanchanpur, P.S.- Kanchanpur, District- North Tripura

----Petitioner Versus

1. The State of Tripura, Represented by the Secretary-cum-Commissioner, Public Works Department (R&B), Government of Tripura, P.O. Kunjaban, P.S. New Capital Complex, District- West Tripura Page 7

2. The Chief Engineer, Public Works Department (R&B), Government of Tripura, P.O. Agartala, P.S. West Agartala, District- West Tripura

3. The Executive Engineer, Public Works Department (R&B), Government of Tripura, Kanchanpur Division, P.O. Kanchanpur, P.S. Kanchanpur, District- North Tripura

4. The Superintendent Engineer, Public Works Department (R&B), Government of Tripura, 1st Circle, Kumarghat, P.O + P.S. Kumarghat, District- North Tripura

5. The Principal Secretary, Finance Department, Government of Tripura, P.O. Kunjaban, P.S. New Capital Complex, District- West Tripura

----Respondent(s)

WP(C) 963 OF 2019 Sri Sukumar Nath, S/O lt. Sashi Mohan Nath, resident of Subhasnagar, P.O. Kanchanpur, P.S.- Kanchanpur, District- North Tripura

----Petitioner Versus

1. The State of Tripura, Represented by the Secretary-cum-Commissioner, Public Works Department (R&B), Government of Tripura, P.O. Kunjaban, P.S. New Capital Complex, District- West Tripura

2. The Chief Engineer, Public Works Department (R&B), Government of Tripura, P.O. Agartala, P.S. West Agartala, District- West Tripura

3. The Executive Engineer, Public Works Department (R&B), Government of Tripura, Kanchanpur Division, P.O. Kanchanpur, P.S. Kanchanpur, District- North Tripura

4. The Superintendent Engineer, Public Works Department (R&B), Government of Tripura, 1st Circle, Kumarghat, P.O + P.S. Kumarghat, District- North Tripura

5. The Principal Secretary, Finance Department, Government of Tripura, P.O. Kunjaban, P.S. New Capital Complex, District- West Tripura

----Respondent(s) Page 8

WP(C) 1009 OF 2019 Sri Milan Debnath, S/O lt. Surya Mani Debnath, resident of Subhasnagar, P.O. Kanchanpur, P.S.- Kanchanpur, District- North Tripura

----Petitioner Versus

1. The State of Tripura, Represented by the Secretary-cum-Commissioner, Public Works Department (R&B), Government of Tripura, P.O. Kunjaban, P.S. New Capital Complex, District- West Tripura

2. The Chief Engineer, Public Works Department (R&B), Government of Tripura, P.O. Agartala, P.S. West Agartala, District- West Tripura

3. The Executive Engineer, Public Works Department (R&B), Government of Tripura, Kanchanpur Division, P.O. Kanchanpur, P.S. Kanchanpur, District- North Tripura

4. The Superintendent Engineer, Public Works Department (R&B), Government of Tripura, 1st Circle, Kumarghat, P.O + P.S. Kumarghat, District- North Tripura

5. The Principal Secretary, Finance Department, Government of Tripura, P.O. Kunjaban, P.S. New Capital Complex, District- West Tripura

----Respondent(s) For Petitioner(s) : Mr. Arijit Bhowmik, Advocate

For Respondent(s) : Mr. M. Debbarma, Addl. GA Date of hearing & delivery of Judgment & Order : 12.04.2021 Whether fit for reporting : Yes / No

HON'BLE MR. JUSTICE ARINDAM LODH JUDGMENT & ORDER (ORAL)

Heard Mr. Arijit Bhowmik, learned counsel appearing for the

petitioners as well as Mr. M. Debbarma, learned Additional

Government Advocate appearing for the State-respondents.

Page 9

2. These bunch of writ petitions involve common and identical

question of facts; as such, all the writ petitions have been taken

up and heard together for disposal.

3. The common question of facts emerged in these writ

petitions are that all the petitioners were working as daily rated

worker (DRW) w.e.f. 2003. They were performing eight hours duty

but, they were paid as those of part time workers (PTW). In many

correspondences of the department, it is revealed that the

petitioners were designated as DRW and not as PTW. In one of the

correspondences, the Executive Engineer informed his authority

that out of oversight the petitioners were designated as PTW.

However, it is an admitted position that the petitioners accepted

the remuneration as those of PTW that was fixed remuneration for

PTW. Thereafter, the Finance Department issued a memorandum

wherein the government has decided to engage the petitioners as

DRW. The instant writ petitions are filed by the petitioners to treat

the period w.e.f. 2003 to 2012 for which they worked as DRW but,

paid as PTW. Further, according to them, they have completed

their services as DRW in the year 2012, and from the year 2013

their services are to be regularized granting them regular pay

scale as per policy prevalent in the State.

Page 10

4. The plea of the government is that the petitioners had

served the department as PTW and in respect of this contention,

they have submitted the records as per direction of this court

dated 17.01.2020 wherein the respondents were asked to produce

the attendance register concerning the petitioner w.e.f. the year

2000 onwards. Today, Mr. Debbarma, learned Additional GA has

produced the records before this court.

5. I have gone through the records.

6. At the outset, I should refer to the records. It is revealed

that the petitioners were receiving the wages as PTW and against

that the State-respondents used to provide "paid vouchers". Mr.

Debbarma, Additional GA submits that for PTW there is no system

of maintaining attendance register.

7. I have considered the submission of the learned counsel

appearing for the parties. As urged by Mr. Bhowmik, the WP(C)

No. 953 of 2019 has been taken up as lead case.

8. Interesting to note herein that, the petitioners by filing

additional affidavit, at paragraph 3, have stated that "from

23.12.2003 onwards the petitioner was paid the wage of part time

worker upto 2013. Thereafter, from 2013 onward the petitioner

has again being paid the wage of daily rated worker......". This fact Page 11

also has been strenuously argued by Mr. Bhowmik, learned

counsel for the petitioner. It is the submission of Mr. Bhowmik,

learned counsel that it is true that the petitioner accepted the

salary of PTW, but, they were performing the duty of eight hours

and the correspondences that are annexed to the writ petitions

would reveal that they were designated as DRW and not as PTW.

9. In my considered view, since the petitioners accepted the

wages of PTW for long ten years without any grievance or raising

objection, it clearly manifests the status of the petitioners as PTW.

The question is, had the petitioners been performing eight hours'

duty, why they accepted the wage/remuneration of PTW for such

long years without raising any objection.

10. The photocopies of the attendance registers that have been

produced by the petitioners by way of additional affidavit further

reveals that those attendance registers relate to the year 2016

onward.

11. In view of this admitted position that the petitioners have

accepted the salary of PTW for long ten years without any

grievance, I am not inclined to accept the submission of Mr.

Bhowmik, learned counsel for the petitioners that the petitioners

were working as DRW under the State-respondents. Whether they

have performed the duty for eight hours' or not, that cannot be Page 12

decided by the writ court being the same as disputed question of

fact.

12. For the reasons stated and observed here-in-above, I find

no merit in the instant writ petitions, and, accordingly, the writ

petitions stand dismissed. Records are returned to learned

Additional GA.

Pending application(s), if any, also stands dismissed.

JUDGE

Saikat