Mr. K. Pandey vs Mr. B. Majumder
2023 Latest Caselaw 79 Tri

                           HIGH COURT OF TRIPURA
                                   AGARTALA
                                WP(C) 33/2023
         For Petitioner(s)       :    Mr. K. Pandey, Advocate
         For Respondent(s)       :    Mr. B. Majumder, Deputy SGI

Mr. K. Dey, Addl. GA HON'BLE MR. JUSTICE ARINDAM LODH Order 17/01/2023 Heard Mr. K. Pandey, learned counsel for the petitioner. Also heard Mr. B. Majumder, learned Deputy SGI appearing for the respondents-Union of India and Mr. K. De, learned Additional GA appearing for the respondents- State.

The petitioner of the writ petition was working as Anganwadi worker under the respondents. The respondents had forced her 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 her 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 Additional 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 petitioner as Anganwadi Worker in her respective center within a period of 4(four) weeks from today. However, it is made clear that she 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 stands allowed and thus disposed.

JUDGE Saikat