Smt. Laxmi Rani Nath vs The State Of Tripura
2021 Latest Caselaw 105 Tri

                               1




                   HIGH COURT OF TRIPURA
                        AGARTALA
                        WP(C) No.548 of 2017
Smt. Laxmi Rani Nath, wife of Late Ambika Nath, a resident of
Sakhaibari, P.O.+P.S. Dharmanagar, District- North Tripura.
                                                            .....Petitioner
                     -VERSUS-
1.    The State of Tripura,
represented by the Secretary cum Commissioner, Government of Tripura,
Department of Handloom, Handicrafts and Sericulture, P.O. Kunjaban,
P.S. New Capital Complex, District- West Tripura
2.    The Director, Department of Handloom, Handicrafts and
Sericulture, Government of Tripura, P.O. Kunjaban, P.S. New Capital
Complex, District- West Tripura
3.    The Deputy Director, Department of Handloom, Handicrafts and
Sericulture, Government of Tripura, P.O. Agartala, P.S. West Agartala,
District- West Tripura
4. The Assistant Director, Department of Handloom, Handicrafts and
Sericulture, Government of Tripura, District Office, P.O. + P.S.
Dharmanagar, District- North Tripura
5. The Secretary-cum-Commissioner, Finance Department, Government
of Tripura, P.O. Kunjaban, P.S. New Capital Complex, District- West
Tripura
                                                  ....Respondents

WP(C) No.549 of 2017 Sri Ranjit Chakraborty, son of Late Rabindra Nath Chakraborty, a resident of Kalibari Road, P.O.+P.S. Dharmanagar, District- North Tripura.

.....Petitioner

-VERSUS-

1. The State of Tripura, represented by the Secretary cum Commissioner, Government of Tripura, Department of Handloom, Handicrafts and Sericulture, P.O. Kunjaban, P.S. New Capital Complex, District- West Tripura

2. The Director, Department of Handloom, Handicrafts and Sericulture, Government of Tripura, P.O. Kunjaban, P.S. New Capital Complex, District- West Tripura

3. The Deputy Director, Department of Handloom, Handicrafts and Sericulture, Government of Tripura, P.O. Agartala, P.S. West Agartala, District- West Tripura

4. The Assistant Director, Department of Handloom, Handicrafts and Sericulture, Government of Tripura, District Office, P.O. + P.S. Dharmanagar, District- North Tripura

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

For Petitioner (s )                :     Mr. A. Bhowmik, Advocate
For Respondent (s)                 :     Mr. D. Sharma, Additional GA
Date of hearing & delivery         :     04.02.2021
of judgment & order
Whether fit for reporting          :      No

                  HON'BLE MR. JUSTICE ARINDAM LODH
                           JUDGMENT & ORDER

1. Heard Mr. A. Bhowmik, learned counsel appearing for the petitioners. Also heard Mr. D. Sharma, learned Additional GA appearing for the State-respondents.

2. On being agreed, both the writ petitions have been taken up together for final disposal by way of this common judgment since similar and identical facts are involved.

3. Outlining the brief facts, it is the case of both the petitioners that they were engaged as Part Time workers (PTW) prior to 31.03.2003 and, they have completed their ten years of service as Part Time workers. In view of memorandum dated 07.11.2012 (Annexure R-2 of the additional counter affidavit) filed by the State-respondents, they should be engaged as Daily Rated workers (DRW). The memorandum dated 07.11.2012 reads as under:

"No. F.10(12)-FIN(G)/2007(Part-I) Government Of Tripura Finance Department Dated, Agartala, the 7th November, 2012 MEMORANDUM Subject: Engagement of Part Time Workers (PTW) as Daily Rated Workers (DRW) request for sending proposal It has been decided that all Part Time Workers (PTW) working in different departments of the Government for 2 (two) hours/3 (three) hours/ 4 (four) hours who were engaged on or prior to 31.03.2003 and have completed 10 (ten) years of service would be engaged as Daily Rated Workers (DRW) Group 'D' w.e.f. 01.12.2012 subject to the following conditions:

i) Only those Part Time Workers working for 2 hours or more on daily basis who were engaged on or prior to 31.03.2003 and have completed 10 (ten) years of service and were paid out of State Government funds will be considered for engagement as Daily Rated Workers (DRW).

ii) For this purpose the respective departments will send proposal with requisite proof of their engagement likes engagement orders/letters, muster rolls, acquaintance rolls, copy of bill for payment of their wages etc. to the Finance Department for Government approval.

iii) The actual engagement of PTW as DRW will be done by the concerned department on receipt of concurrence of Finance Department who will convey approval of the Govenrment for engagement of PTW as DRW Gr.D only after verification of correctness of their particulars to be furnished by the concerned department under whom the PTW are working at present.

iv) The PTW on being engaged as DRW they will continue to perform similar kind of work as they may be doing presently or any other work, in addition, as may be assigned by the concerned Department.

2. Person engaged on contract or lumpsum payment as a Part Time or Full Time Worker in Project or Works or Centrally Sponsored Scheme like MGNREGA, SSA, RSVY, ICDS, NRHM, TSC. etc. shall not come under the purview of the process.

3. In view of the above, the undersigned is directed to inform that all concerned Departments to send proposal for engagement of the Part Time Workers (PTW) as per format given below with requisite proof of their engagement on or prior to 31.03.2003 and proof of payment of their wages out of State Government funds. The proposal duly authenticated by the competent authority should reach this Department within 15th November, 2012 positively for further process: Sl.No. Name of the Designation Numbers of Date of Date of Whether workers hours for birth engagement/appointment SC/ST/Others which the worker is engaged

Educational Nature of Amount of wages Source of fund from which wages paid to FDs Qualification job paid to the the workers Concurrence & of the performed worker Date worker by the worker State Govt. Whether from wages fund or head or from scheme/project contingency head/OE fund head

4. The aforesaid facts are not disputed by the learned Additional GA but, he has candidly submitted that this memorandum has been repealed by a subsequent memorandum. On a query by this court, Mr. D. Sharma, learned Additional GA has submitted that the memorandum dated 07.11.2012 was in force when the present writ petitions were filed by the petitioners and, the subsequent memorandum repealing this memorandum dated 07.11.2012 was not given retrospective effect.

5. Since, it is an admitted fact that the petitioners were engaged as PTW prior to 31.03.2003 and, they had completed ten years of service, they should be engaged as DRW but, the respondents did not engage them as DRW despite decision of the Finance Department to engage all the PTWs as DRWs who fall within the purview of memorandum dated 07.11.2012. I find force in the submission of the learned counsel appearing for the writ petitioner that repealing of memorandum dated 07.11.2012 by subsequent memorandum would not create hindrance to the claim of the petitioner because the subsequent memorandum is prospective in nature.

6. Be that as it may, it is directed that the respondents shall engage the petitioners, namely, Smt. Laxmi Rani Nath and Sri Ranjit Chakraborty as DRW w.e.f. 01.12.2012 and the petitioners shall be entitled to get all benefits which are enjoyed by other DRWs. It is made clear that the entire process of issuance of engagement letter in favour of the petitioners as DRW shall be completed within a period of 2 (two) months from the date of receipt of the copy of this order.

7. With the aforesaid observations and directions, the present writ petitions are allowed and thus, disposed of.

JUDGE

Saikat