Mr. R. Datta vs Mr. B. Majumder
2021 Latest Caselaw 1222 Tri

                          HIGH COURT OF TRIPURA
                                AGARTALA
                             WP(C)No.874 of 2021
For Petitioner(s)                 : Mr. R. Datta, Adv.
For Respondent(s)                 : Mr. B. Majumder, Asst. S.G.

Mr. A. Dey, Adv.

HON'BLE MR. JUSTICE S. TALAPATRA

Order

08/12/2021

Heard Mr. R. Datta, learned counsel appearing for the petitioner.

Mr. Datta, learned counsel has submitted that the Division Bench of

this Court in The State of Tripura and Others versus Smt. Rina

Purkayastha and Another [judgment and order dated 29.06.2021 delivered in

W.A.173 of 2021] has observed that there is no reason why the Anganwadi

workers, in terms of the central scheme, would not serve till the age of sixty five

years. It has been also observed that the service is not pensionable and thus,

there is no question of the pensionable service being higher with higher retirement

age leading to greater pension liability for the State Government. In any view of

the matter, without there being strong reasons cited by the State Government, it

would not be possible for the State authorities to discard and disregard the

Government of India guidelines for implementation of the scheme since 90% of

the finding comes from the Government of India coffers. Age of retirement of the

employees engaged in the scheme is essential part of implementation of the

scheme.

Hence, the respondents are restrained from forcing the petitioner to

discontinue the service. The respondents are prohibited, as an interim measure,

from discharging the petitioner from the service of Anganwadi worker before she

attained the age of 65 years or as directed. They shall allow the petitioner to

continue the service until further orders or until she attained the age of sixty five

years.

Issue notice calling upon the respondents to show cause as to why a

Rule should not be issued as prayed for; and/or any other such further order(s)

shall not be passed as to this Court may deem fit and proper having regard to the

circumstances of the case.

Notice is made returnable on 28.01.2022.

Mr. A. Dey, learned counsel appears and waives notice for the

respondents No.1 to 6 and Mr. B. Majumder, learned Asst. S.G. appears and

waives notice for the respondent No.7 and hence, no formal notice needs be

issued.

JUDGE

Sabyasachi B