Tripura High Court
Sri Jaharlal Shil vs The State Of Tripura And Ors on 27 March, 2023
Page 1 of 5
HIGH COURT OF TRIPURA
AGARTALA
WP(C) NO.30 OF 2022
Sri Jaharlal Shil
......... Petitioner(s)
Vs.
The State of Tripura and ors.
....... Respondent(s)
For the Petitioner(s) : Mr. P. Roy Barman, Sr. Advocate.
Mr. N. Ghosh, Advocate.
For the Respondent(s) : Mr. D. Sarma, Addl. G.A.
Date of hearing and delivery of
Judgment & Order : 27.03..2023.
Whether fit for reporting : YES/NO.
HON'BLE THE CHIEF JUSTICE(ACTING)
JUDGMENT AND ORDER(ORAL)
The brief fact of this present writ petition is that the
petitioner was engaged as a casual worker, w.e.f. 01.06.2992
under the Deputy Conservator of Forest, Research Division
Agartala. But the respondents reckoned 15.05.1999 as the date
of engagement of the petitioner as a casual worker. Vide order
dated 17.06.2009, issued by the Conservator of Forest, WRT
Circle, Agartala, the petitioner along with others were appointed
as Permanent labourer with retrospective effect from
01.01.2007. Since his engagement as a casual labourer, the
petitioner served uninterruptedly under the Forest Department.
Vide memorandum dated 07.01.2017, the petitioner was
regularized in the post of Forest Farm Worker. The petitioner
was appointed and joined as a Forest Farm worker w.e.f.
06.01.2017 under the Forest Department, Government of India.
The petitioner after attaining the age of superannuation, was
treated to be released from Government service in the afternoon
on 28.02.2018. According to the petitioner, he is entitled to
regular monthly pension and other pensionary benefits such as
gratuity, leave encashment etc., and for determining such
admissible benefits, the regular service of the petitioner plus
50% of the service rendered by the petitioner before his
regularization i.e. during the period of 01.06.1992 to
06.01.2017 are required to be taken into account.
2. Vide memo dated 06.04.2018, issued by the
Deputy Conservator of Forest, Research Division, provisional
pension @ Rs.6,512/- has been sanctioned to the petitioner for
a period of 6(six) months w.e.f. 01.03.2018 to 31.08.2018 and
¾ Death-cum-retirement Gratuity @ Rs.59,689/- was also
sanctioned to the petitioner.
3. According to the petitioner, the gratuity paid to the
petitioner is required to be re-determined after taking into
account 50% of the service rendered by the petitioner w.e.f.
01.06.1992 to 06.01.2017 plus regular service and the gratuity
is to be paid after adjusting the amount already paid with
interest @ 7.5 % per annum w.e.f. 28.03.2018 till actual
payment is made.
4. The petitioner vide representation dated
22.03.2021, approached the Principal Chief Conservator of
Forest, Tripura, for allowing regular monthly pension and other
pensionary benefits by taking into consideration 50% of the
service rendered by him as casual Worker before his
regularization plus his regular service. The Deputy Conservator
of Forest, in response to the application of the petitioner dated
22.03.2021 sent a letter dated 13.04.2021 to the petitioner
stating that as the petitioner has not completed 10(ten) years of
service which is prerequisite for payment of pension, the
petitioner is not eligible for payment of pension.
5. In such circumstance, the petitioner has filed this
present writ petition under Article 226 of the Constitution of
India praying for the following reliefs:-
" i. Issue Rule upon the Respondents to show cause as to why
Writ in the nature of mandamus and/or Order or direction shall not be
issued whereby directing the respondents to count 50% of the service
rendered by the petitioner w.e.f. 01.06.1992 to 01.01.2007 plus service
rendered by the petitioner w.e.f. 01.01.2007 to 28.02.2018 for the
purpose of determining the qualifying service rendered by the petitioner
for the purpose of regular monthly pension and other pensionary
benefits.
ii. Issue Rule upon the Respondents to show cause as to why
Writ in the nature of mandamus and/or Order or direction shall not be
issued whereby directing the respondents to release arrear pension with
9% interest w.e.f. 28.02.2018 till date and thereafter to the payment of
regular pension.
iii. Issue Rule upon the Respondents to show cause as to why
Writ in the nature of mandamus and/or Order or direction shall not be
issued whereby directing the respondents to re-determine the gratuity
paid to the petitioner after taking into account 50% of the service
rendered by the petitioner w.e.f. 01.06.1992 to 06.01.2017 plus regular
service and to pay the gratuity after adjusting the amount already paid
with interest @ 7.5% per annum w.e.f. 28.03.2019 till actual payment is
made.
iv. Make the rules absolute,
v. Call for records.
vi. Pass any further order/orders as this Hon'ble High Court
considered fit and proper."
6. Heard Mr. P. Roy Barman, learned Sr. counsel
assisted by Ms. N. Ghosh, learned counsel appearing for the
petitioner as well as Mr. D. Sharma, learned Addl. G.A.
appearing for the respondents.
7. Mr. Roy Barman, learned Sr. counsel submits that
the respondents are under obligation to sanction and release
regular pension and other pensionary benefits under
CCS(Pension) Rules, 1972, to the petitioner taking into account
50% of the service rendered by the petitioner w.e.f. 01.06.1992
plus regular service rendered by the petitioner. The respondents
have infringed upon the legal and constitutional rights of the
petitioner.
8. Mr. D. Sharma, learned Addl. G.A. appearing for
the respondents submits that decisions, as taken by the
respondents, are just and proper and within the legal
framework.
9. Heard both sides and perused the evidence on
record. This instant writ petition is disposed of directing the
respondents to consider the case of the petitioner and pass a
speaking order within a period of 1(one) month from the date of
receipt of the copy of the representation from the petitioner. The
respondents shall consider the case of the petitioner herein
without taking into reference the earlier order of rejection of the
claim of the petitioner for making the payment considering his
case for eligibility for pension.
10. With the above observation and direction, this
instant writ petition stands disposed of. Stay if any is vacated,
pending application(s), if any, stands closed.
CHIEF JUSTICE (ACTING)
suhanjit
