Ms. A. Debbarma vs Mr. D. Bhattacharjee
2022 Latest Caselaw 1058 Tri

                           HIGH COURT OF TRIPURA
                                   AGARTALA
                               WP(C) 724/2022
         For Petitioner(s)       :    Ms. A. Debbarma, Advocate
         For Respondent(s)       :    Mr. D. Bhattacharjee, GA

Mr. S. Saha, Advocate Mr. B. Majumder, Deputy SGI

HON'BLE MR. JUSTICE ARINDAM LODH Order 09/12/2022 Heard Ms. A. Debbarma, learned counsel for the petitioners. Also heard Mr. D. Bhattacharjee, learned GA assisted by Mr. S. Saha, learned counsel for the respondents no. 1 to 6 and Mr. B. Majumder, learned Deputy SGI appearing for respondent no. 7.

All the petitioners in this writ petition were working as Anganwadi workers under the respondents. The respondents had forced them to go on retirement on attaining the age of 60 years. It is the grievance of the petitioners that their retirement age is 65 years and the respondents most illegally had terminated them after attaining the age of 60 years. It is the submission of learned counsel for the petitioners that Anganwadi workers would retire on attaining the age of 65 years and till they attain the said age, the services of such Anganwadi workers should not be disturbed in view of the judgment of a Division Bench of this Court. Learned GA has submitted that the judgment of the Division Bench extending their services upto the age of 65 years is under challenge before the Supreme Court, but, considering the present situation, I direct the respondents to reinstate the petitioners as Anganwadi workers in their respective centers within a period of 4(four) weeks from today. However, it is made clear that they would not be entitled to any arrears of pay. It is further made clear that such continuation of the service of the petitioners is subject to the decision of the Apex Court related to this issue. With the above direction, the instant writ petition stands allowed and thus disposed.

JUDGE Saikat