Tripura High Court
For vs Mr. P. Saha on 16 April, 2021
HIGH COURT OF TRIPURA
AGARTALA
W.A.No.72 of 2020
For Appellant(s) : Mr. D. Bhattacharya, G.A.
Mr. P. Saha, Adv.
For Respondent(s) : Mr. K. Nath, Adv.
HON'BLE MR. JUSTICE S. TALAPATRA
HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY
Order
16/04/2021
Heard Mr. D. Bhattacharya, learned G.A. assisted by Mr. P. Saha,
learned counsel appearing for the appellants as well as Mr. K. Nath, learned counsel
representing the sole-respondent.
Mr. Bhattacharya, learned G.A. has submitted the full records relating to
the payment of wages made on different years to the respondent [the writ petition].
2. By this intra court appeal, the order dated 12.02.2020 delivered in
WP(C)No.910 of 2019 has been called in question. By the said order, the appellants
have been directed to regularize the petitioner in terms of the memorandum dated
01.09.2008 from the due date. However, the learned single Judge has observed that
the benefit flowing from such regularization shall be notional till the date of filing of
the writ petition. Actual difference in wages shall be paid from such date. It has
been directed that the said directions shall be carried out within a period of 3(three)
months from the date of judgment. The learned single Judge has observed in para-5
of the said judgment as follows :
"Perusal of these documents would show that the petitioner was
paid wages as a DRW and not as a part-time worker. Admittedly,
there is a substantial difference in wages of a part-time worker as
compared to a DRW. This would thus establish that the record of
the concerned office where the petitioner was working is accurate.
The petitioner had been discharging his duties as a DRW and was,
therefore, entitled to the benefits flowing from the said
memorandum dated 01.09.2008."
3. Mr. Bhattacharya, learned G.A. appearing for the appellants has
succinctively raised two objections against the said judgment viz.
(1) The petitioner was never appointed as DRW. He was a voucher-
paid worker, meaning whenever his services were realised, he was
accordingly paid.
(2) Since the petitioner does not fall in the category of DRW, no
benefit may flow from the said memorandum dated 01.09.2008.
4. For purpose of rechecking the records, we had directed the appellants to
produce the records relating to the payment of wages and the associated
documents. Mr. Bhattacharya, learned G.A. has produced before us all such records.
On meticulous scrutiny, we have come across the memoranda dated 23.12.2003,
21.08.2004 15.12.2006, 20.07.2007, 24.11.2009, 22.12.2008, 18.12.2010,
29.12.2011, 13.07.2012, 23.07.2012 and 25.08.2012 in one part of the records apart
from the vouchers signed by the petitioner at the time of receiving the wages.
5. We have come across the memorandum No.F.3(3)/EE/KCP/11,715-24
dated 19.12.2014 issued by the Executive Engineer, Kanchanpur Division, PWD(R &
B), Kanchanpur, North Tripura who is indisputably the authority which engaged the
respondent. By the said memorandum, the following certification has been done by
the said Executive Engineer :
"Sri Amalendu Chakma was being paid wages as DRW along with
other since the date of engagement on 01.01.1998. But by mistake
he was paid wages as per with wages as PTW through Sri Chakma
continued as DRW.
His credential has been established ad DRW in the proposal sent to
the Finance Department by PWD as reflected in the order
No.F.6(29)-PWD(E-II)/2009, dated 09/12/2014 of the
Engineering Officers to the Chief Engineer, PWD(R & B), Agartala.
To rectify the mistake, Sri Amalendu Chakma will get the wages at
the same rate of DRW immediately.
The arrear bill will be regularized separately."
After this certificate which has not been controverted by the appellants,
there cannot be any amount of doubt about the status of the respondents [the writ
petitioner]. The writ petitioner was thus entitled to be regularized under the
memorandum dated 01.09.2008. As such, we do not find any merit in this appeal
and accordingly, the same stands dismissed.
The appellant shall comply the order of the learned Single Judge within
3(three) months from today.
The original records as produced by Mr. D. Bhattacharya, learned G.A. is
returned.
JUDGE JUDGE
Sabyasachi B
