Smt. Sikha Saha Roy vs The State Of Tripura & 4 Ors
2023 Latest Caselaw 97 Tri

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                    HIGH COURT OF TRIPURA
                          AGARTALA

                      WP(C) No.958 of 2022

Smt. Sikha Saha Roy
                                                            ---Petitioner(s)
                                 Versus
The State of Tripura & 4 Ors.
                                                           ---Respondent(s)

For Petitioner(s) : Mr. S. Datta, Advocate For respondent(s) : Mr. B. Majumder, Dy. SGI Ms. A. Banik, Advocate

HON'BLE MR. JUSTICE ARINDAM LODH

Order 19/01/2023

Heard Mr. S. Datta, learned counsel appearing for the petitioner.

Also heard Mr. B. Majumder, learned Dy. SGI appearing for the

respondent-Union of India and Ms. A. Banik, learned counsel 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.

Ms. Banik, learned counsel for the respondents-State 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

Rohit