Tripura High Court
Sankar Bhattacharjee & Ors vs State Of Tripura And Ors on 11 March, 2022
HIGH COURT OF TRIPURA
AGARTALA
WP(C)No.691 of 2021
Sankar Bhattacharjee & Ors.
----Petitioner(s)
Versus
State of Tripura and Ors.
----Respondent(s)
For Petitioner(s) : Mr. K. Nath, Adv.
For Respondent(s) : Mr. R. Saha, Adv.
HON'BLE MR. JUSTICE S. TALAPATRA
Order
11/03/2022
Heard Mr. K. Nath, learned counsel appearing for the
petitioners as well as Mr. R. Saha, learned counsel appearing for
the respondents.
02. The petitioners who are working presently as the
permanent labourer has completed 7 years of service in that
capacity and as a whole, completed 15 years of service including
the service as they rendered to the respondents as the casual
worker. For that reason, the petitioners are eligible to be
considered for absorption in the post of the Farm Worker which
post is borne in the regular establishment.
03. It appears from the memorandum No.F.10(2)-FIN-
(G)/2008(PART) dated 12.08.2014 that the minimum length of
service as permanent labourer from the existing ten years has
been reduced to seven years for eligibility for absorption as
Farm Workers provided that a permanent labourer should
complete the total service of at least 15 years including the
service as Casual Workers, Daily Rated Workers etc. and subject
to the condition that after regularization as Farm Worker, such
worker shall continue to do the same job in addition to any
other job given by the Controlling Officer. The said post, from
which the Farm Worker is inducted, shall stand abolished. Thus
the petitioners are entitled to absorption as they were eligible to
be considered in terms of the said memorandum dated
12.08.2014 [Annexure-6 to the writ petition].
04. Having confronted with denial as regards the
absorption, the petitioners have approached this court by filing
this writ petition urging directions on the respondents to
regularize their service in the post of the Farm Worker from the
date on which the petitioners have completed fifteen years of
service, out of which seven years of service, the petitioners
have rendered as the Permanent Labourer has been completed.
05. All the respondents represented by Mr. R. Saha,
learned counsel has filed a reply and stated inter alia as follows:
"That, on receiving direction from the Finance Department a
proposal for regularization of 27 (Twenty seven) nos. of
permanent Labourers to the Post of Farm Workers "Group-D"
in the Pay Lavel-1 of Tripura State Pay Matrix-2018 was
initiated and placed before the Government to place the
matter before the Council of Ministers for consideration. The
name of the Petitioner No.1, Sri Sankar Bhattacharjee is
enlisted in the list of eligible candidates at Sl.
No.14.(ANNEXURE-1)."
06. They have admitted that some of the permanent
labourers filed a series of writ petitions in this court being
W.P.(C)No.154 of 2021, WP(C)No.155 of 2021 and
W.P.(C)No.156 of 2021 for regularization of the service as Farm
Worker. By the common judgment and order dated 29.07.2021
delivered in those writ petitions, this court had directed the
respondents to absorb the petitioners in the post of the Farm
Worker within two months. From the memorandum dated
12.08.2014, it appears that, for purpose of such absorption in
the post of Farm Worker, the concerned department is required
to approach the Council of Ministers with comprehensive
proposal for regularization of permanent labourers who have
served 15 years including the service rendered as Casual
Workers or Daily Rated Workers. Out of that 15 years at least
seven years service shall be as the permanent labourers. But in
this present case, the matter has not been placed before the
Council of Ministers for their consideration.
07. Mr. R. Saha, learned counsel has fairly submitted
that this court may direct the respondents to place the matter
for consideration of the Council of Ministers within a short while.
But issue of the absorption/regularization of the petitioners will
be decided only in terms of the decision of the Council of
Ministers.
08. Mr. K. Nath, learned counsel appearing for the
petitioner has having regard to the submission of Mr. Saha,
learned counsel appearing for the respondents, placed his
reliance on a decision of this court delivered in WP(C)No.662 of
2021 [see the order dated 23.02.2022] where this court had
passed the direction inter alia as follows:
"From the documents filed by the respondents, it does not
appear that the Council of Ministers was ever approached by
the Department. It may be so that even the concerned
department has approached the Council of Ministers, but
such reference has not been made available in the records. If
no reference has been made for obtaining the approval of the
Council of Ministers, that shall be made within a period of
seven days from the day when a copy of this order will be
supplied to the respondents by the petitioner."
09. This court does not find any distinction in respect of
the relevant facts and the reliefs prayed in this writ petition with
the writ petition being WP(C)No.662 of 2021. As such, the
respondents are directed to place the file for consideration of
the Council of Ministers as per the said memorandum dated
12.08.2014 within a period of seven days from the receipt of a
copy of this order. It is expected that the Council of Ministers
would concur with the proposal without further delay.
With this observation, this writ petition is disposed
of.
There shall be no order as to costs.
JUDGE
Moumita
