Tripura High Court
Sri Gopendra Suklabaiya vs The State Of Tripura on 15 November, 2021
Page 1 of 5
HIGH COURT OF TRIPURA
AGARTALA
WP(C) 762 OF 2020
Sri Gopendra Suklabaiya,
S/o Lt. Girindra Suklabaidya, resident of Vill. & P.O. South Hurua,
P.S. Dharmanagar, North Tripura.
... Petitioner.
Vrs.
1. The State of Tripura, represented by the Secretary,
Department of Higher Education, Government of Tripura,
New Secretariat Building, New Capital Complex, Kunjaban,
P.S. New Capital Complex, Agartala, West Tripura, PIN-799010.
2. The Director of Higher Education,
Govt. of Tripura, P.N. Complex, Agartala, West Tripura.
3. The Principal, Govt. Degree College,
Dharmanagar, North Tripura.
4. The Secretary, Finance Department, Govt. of Tripura,
New Secretariat Building, New Capital Complex, Kunajaban,
P.S. New Capital Complex, Agartala, West Tripura, PIN-199010.
... Respondents.
Present:
For the petitioner (s) : Mr. P. Roy Barman, Sr. Advocate.
Ms. Aradhita Debbarma, Advocate.
For the respondent (s) : Mrs. Sarama Deb, Advocate.
Date of hearing & : 07.10.2021 & 15.11.2021
delivery of judgment &
Order
HON'BLE MR.JUSTICE ARINDAM LODH
Judgment & Order(Oral)
The matter was heard on 07.10.2021 at length and the
judgment was passed orally in open Court. But, after passing the judgment
this court found some errors on factual aspects which were not brought to
the notice of the court and as such, fixed the matter at the column
"Speaking to the Minutes" for re-hearing.
2. Today (15.11.2021) I heard again Mr. P. Roy Barman, learned
Sr. counsel assisted by Ms. A. Debbarma, learned counsel appearing for the
petitioner. Also heard Mrs. S. Deb, learned counsel appearing for the State-
respondents.
3. By way of filing the present writ petition, the petitioner has
prayed for regularization and restoration of his service.
4. The facts in brief are that the petitioner was engaged as Daily
Rated Worker (DRW) on 19.04.2003. It is his grievance that since October,
2019 he was not paid of his wages and not allowed to continue his job as
Casual Worker under the respondents.
5. Mr. Roy Barman, learned Sr. counsel has submitted that the
service of the petitioner as Casual Worker should be regularized granting
regular pay scale applicable for a Group 'D' employee. Admittedly, the
petitioner was engaged as a Casual Worker on 19.04.2003 and he did not
come within the purview of the policy declared by the State respondents
vide Memorandum dated 1st September, 2008 and 21st January, 2009,
which provided that the persons who were irregularly engaged as
Casual/Contingent/Daily Rated Worker with financial concurrence and
completed 10 years of service as on 31.03.2008 would be eligible for
regularization. However, the State-respondents i.e. the Finance
Department, Government of Tripura had taken policy dated 03.01.2014
after being noticed that some of such Casual/Contingent/Daily Rated
Workers were engaged after 31.03.2003 and the State-respondents in their
own wisdom had taken a policy to regularize the services of those
Casual/Contingent/Daily Rated Workers who had completed 10 years of
service on their engagement after 31.03.2003 with prior concurrence of the
Finance Department. Admittedly, the petitioner was engaged on
19.04.2003 i.e. after 31.03.2003. The competent authority under which the
petitioner was engaged had made correspondence with the Director of
School Education informing him that the petitioner was engaged on
19.04.2003 as Casual Worker and has been serving the department with the
consent of the Finance Department of the State Government and also had
completed 10 years of service. As per the policy decision of the
Government dated 03.01.2014, the service of the petitioner ought to have
been regularized w.e.f. the next date of completion of 10 years of service
i.e. w.e.f. 20.04.2013.
6. In pursuance of the policy dated 03.01.2014, the Principal,
Government Degree College, Dharmanagar, North Tripura, made a
communication dated 27th January, 2014 to the Director of Higher
Education, Government of Tripura [Annexure 12 to the writ petition]
wherein he was informed about the status of the petitioner. But for certain
reasons the service of the petitioner was not regularized. But, admittedly,
the service of the petitioner was continued by the respondents and his
wages were being paid. All on a sudden, the Principal, Government Degree
College, Dharmanagar, North Tripura vide communication dated 4th
December, 2019 had informed the petitioner that his salary was held up
from October, 2019 in view of the Memorandum dated 31st July,2018,
which was issued by the Under Secretary, Government of Tripura, Finance
Department. It is noticed that the State-respondents to ensure transparent
public employment policy for engagement of staff for such services, all the
memorandums were repealed. The wages of the petitioner was held up and
he was not allowed to continue his service under the Principal, Government
Degree College, Dharmanagar, North Tripura.
7. Mrs. Deb, learned counsel appearing for the State-respondents
has submitted that the present petition is barred by principle of delay and
laches. The petitioner would have approached the court much earlier when
he completed 10 years of service on 19.04.2013.
8. I have noticed that in pursuance of the policy decision dated
03.01.2014, the Principal, Government Degree College, Dharmanagar,
North Tripura had informed the Directorate of Higher Education for
regularization of the service of the petitioner after furnishing all details of
the petitioner, but, the State-respondents were sitting idle. The respondents
had utilized his service for almost 16 (sixteen) years. In my opinion, though
the previous policies were repealed, but, the petitioner had accrued his right
to regularize during the existence of a valid policy which was declared by
the Government on 03.01.2014. As such, the petitioner is entitled for
regularization. The State-respondents are directed to issue necessary
direction for regularizing the service of the petitioner within a period of
three months from the date of receipt of a copy of this order.
Simultaneously, the State-respondents shall restore his service as Casual
Worker in which capacity he was working under the Principal, Government
Degree College, Dharmanagar within 3 (three) weeks from the date of
receipt of the copy of this order.
With these observations and directions, the writ petition stands
allowed and disposed.
JUDGE
