Citation : 2023 Latest Caselaw 63 Tri
Judgement Date : 13 January, 2023
HIGH COURT OF TRIPURA
AGARTALA
WP(C) 661/2022
Smt. Shipra Deb (Lodh) .....Petitioner
Versus
The State of Tripura & 6 ors. .....Respondents
WP(C) 662/2022 Smt. Marani Debnath .....Petitioner Versus The State of Tripura & 6 ors. .....Respondents
WP(C) 663/2022 Smt. Fulu Bhattacharjee .....Petitioner Versus The State of Tripura & 6 ors. .....Respondents
WP(C) 664/2022 Smt. Laxmi Rani Majumder .....Petitioner Versus The State of Tripura & 6 ors. .....Respondents For Petitioner(s) : Mr. Raju Datta, Advocate For Respondent(s) : Mr. B. Majumder, Deputy SGI Ms. A. Banik, Advocate
HON'BLE MR. JUSTICE ARINDAM LODH Order 13/01/2023 Heard Mr. Raju Datta, learned counsel appearing for the petitioners. Also heard Mr. B. Majumder, learned Deputy SGI appearing for the respondents-Union of India and Ms. A. Banik, learned counsel appearing for the respondents-State.
The petitioners of these writ petitions were working as Anganwadi workers under the respondents. The respondents had forced the petitioners 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 petitioners that their retirement age is 65 years, and the respondents most illegally had forced them 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 submission, I direct the respondents to reinstate the petitioners as Anganwadi Worker in their respective centers within a period of 4(four) weeks from today. However, it is made clear that the petitioners 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 directions, the instant writ petitions stand allowed and thus disposed.
JUDGE
Saikat
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