Smt. Mankhusi Das Vrs. The State Of ... vs For The
2023 Latest Caselaw 161 Tri

                       HIGH COURT OF TRIPURA
                             AGARTALA
                          WP(C) 441 OF 2022
         Smt. Mankhusi Das Vrs. The State of Tripura & 6 Ors.
Present:
    For the petitioner(s)      : Mr. K. Pandey, Advocate.

    For the respondent(s)      : Mr. D. Bhattacharya, G.A.

Mr. K. De, Addl. G.A.

Mr. Bidyut Majumder, Dy.SGI.

HON'BLE MR.JUSTICE ARINDAM LODH 10.02.2023 Order Heard Mr. K. Pandey, learned counsel appearing for the petitioner. Also heard Mr. B. Majumder, learned Deputy SGI appearing for the respondent-Union of India and Mr. D. Bhattacharya, learned G.A. assisted by Mr. K. De, learned Addl. G.A. appearing for the State- respondents.

The petitioner of this writ petition was working as Anganwadi worker under the respondents. The respondents had forced the petitioner to go on retirement on attaining the age of 60 years considering the age of retirement of such Anganwadi worker as 60 years. It is the grievance of the petitioner that her retirement age is 65 years, and the respondents most illegally had forced her to go on retirement on attaining the age of 60 years.

It is the submission of the learned counsel for the petitioner that the 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 Hon'ble Supreme Court.

Considering the above submissions, I direct the respondents to reinstate the petitioner as Anganwadi Worker in her respective center within a period of 4(four) weeks from the date of receipt of the copy of this order. However, it is made clear that the petitioner would not be entitled to any arrears of pay. It is further made clear that such continuation of the service of the petitioner is subject to the decision of the Apex Court related to this issue.

With the above directions, the instant writ petition stand allowed and thus disposed.

JUDGE

sanjay