Khela Deb (Acharjee) And Anr vs The State Of Tripura And 4 Ors
2023 Latest Caselaw 98 Tri

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                  HIGH COURT OF TRIPURA
                        AGARTALA

                        WP(C) No. 45 of 2023

Khela Deb (Acharjee) and Anr.
                                                           ...Petitioner(s)
                          Vs

The State of Tripura and 4 Ors.
                                                         ...Respondent(s)

For the Petitioner(s) : Mr. Samarjit Bhattacharjee, Advocate For the Respondent(s) : Mr. D. Bhattacharya, GA Mr. S. Saha, Advocate

HON'BLE MR. JUSTICE ARINDAM LODH Order

19/01/2023

Mr. Samarjit Bhattacharjee, learned counsel has submitted that the petitioner no.1, namely Khela Deb (Acharjee) does not like to press this petition. However, Mr. Bhattacharjee has prayed for consideration of the petition in respect of petitioner no.2, namely Jyoti Rani Paul (Sarkar).

The fact of the case is that the petitioner is an Anganwadi Worker. She has been asked to go on retirement w.e.f 31.01.2019 on attaining the age of 60 years vide memo dated 19.01.2019 issued by the ICDS, Khowai.

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 petitioner as Anganwadi worker 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 petitioner is subject to the SLP pending before the Hon'ble Supreme Court.

With the aforesaid directions, the instant writ petition stands allowed and disposed.

JUDGE

Snigdha