Tripura High Court
Smt. Sima Malakar vs The State Of Tripura on 22 May, 2023
Page 1 of 3
HIGH COURT OF TRIPURA
AGARTALA
WP(C) No.454 of 2021
Smt. Sima Malakar,
W/O:-Sri Durgesh Malakar,
R/O:- Sakhaibari, Batpara,
P.O:-Sakhaibari, P.S:- Dharmanagar,
District-North Tripura,
Pin No.799251, Age:-40 years.
....Petitioner(s)
Versus
1. The State of Tripura
Represented by its principal Secretary,
Finance Department,
Government of Tripura,
P.O:- Kunjaban, P.S:-New Capital Complex,
District:- West Tripura,
Pin No.799006
2. The Director
Directorate of Treasury, Government of Tripura,
P.O:- Agartala, P.S:- West Tripura
District:- West Tripura,
Pin No.799001
3. The Joint Director,
Directorate of Treasury, Government of Tripura,
P.O:- Agartala, P.S:- West Tripura
District:- West Tripura,
Pin No.799001
4. The Sub Treasury Officer,
Sub Treasury Office, Government of Tripura,
P.O+P.S:- Dharmanagar, District:- North Tripura,
Pin:-799251
....Respondent(s)
For the Petitioner(s) : Mr. A. Bhaumik, Advocate
For the Respondent(s) : Mr. M. Debbarma, Addl. GA
Date of hearing
and delivery of
judgment & order : 22.05.2023
Whether fit for reporting : No
HON'BLE MR. JUSTICE ARINDAM LODH
Judgment and Order (Oral)
By means of filing the present writ petition, the petitioner
has prayed for regularization of her service under the respondents.
2. I have heard Mr. A. Bhaumik, learned counsel appearing for
the petitioner. Also heard Mr. M. Debbarma, learned Addl. GA appearing
for the respondents-State.
3. The case of the petitioner, in brief, is that, she entered into
the service as contingent worker under the respondents since 01.04.2007.
Under the scheme framed in the year 2009, according to the petitioner,
she is entitled to be regularized in service in the post she holds.
4. Mr. Bhaumik, learned counsel for the petitioner has drawn
my attention to a communication dated 27.11.2015(Annexure-1, pg-13 of
the writ petition) wherein at serial no.4 her name appeared and she was
designated as "contingent" and her joining date was shown as
01.04.2007.
5. Mr. Bhaumik, learned counsel has submitted that vide
memorandum dated 21.01.2009, the Government of Tripura has
formulated a scheme for regularization of contingent/casual/DRWs who
completed 10 years of service. Mr. Bhaumik, learned counsel has further
submitted that on the basis of the said scheme, the services of many
contingent/casual/DRWs have been regularized but the case of the
petitioner has not been considered till today though her service was ought
to have been regularized after completion of 10 years from the date of her
engagement as contingent worker.
6. Mr. Bhaumik, learned counsel for the petitioner has drawn
my attention to a judgment and order dated 16.03.2021 passed in a batch
of writ appeals(Annexure-5 to the writ petition) wherein the Division
Bench of this Court relying upon the judgments passed by learned Single
Judge directed the respondents to consider the regularization of the
petitioner of those writ petitions from which the writ appeals had arisen.
The Division Bench of this Court held that the State cannot adopt a pick
and choose policy while regularizing the services of such
contingent/casual/DRWs.
7. In view of this, I direct the respondents to consider the
matter of regularization of the petitioner, Smt. Sima Malakar in view of
the judgment and order dated 16.03.2021 passed in WA No.163/2019
titled as State of Tripura and Ors vs. Sri Praloy Goswami along with
other connected writ appeals.
The petitioner is given liberty to submit representation, if she
so desires in support of her plea of regularization.
With the aforesaid observations and directions, the instant
writ petition stands disposed.
JUDGE
Snigdha
