Tripura High Court
The State Of Tripura vs Smt. Smriti Rani Acharjee on 4 July, 2024
Author: Arindam Lodh
Bench: Arindam Lodh
Page 1 of 4
HIGH COURT OF TRIPURA
AGARTALA
WA No.135 of 2022
1. The State of Tripura, represented by the Chief Secretary to the
Government of Tripura, Civil Secretariat, Capital Complex, P.O. Kunjaban,
P.S. East Agartala, Dist. West Tripura, Pin-799006.
2. The Secretary to the Government of Tripura, Social Welfare & Social
Education Department, Civil Secretariat, Capital Complex, P.O. Kunjaban,
P.S. East Agartala, Dist. West Tripura, Pin-799006.
3. The Addl. Director of Social Welfare & Social Education, Government
of Tripura, Civil Secretariat, P.O. Kunjaban, 799006.
4. The Secretary to the Government of Tripura, Department of Finance,
Civil Secretariat, Capital Complex, P.O. Kunjaban, P.S. East Agartala, Dist.
West Tripura, Pin- 799006.
5. The Director of Social Welfare & Social Education, Government of
Tripura, having its office at Abhoynagar, P.O. Abhoynagar, Agartala, Dist.
West Tripura.
6. The Addl. Director of Social Welfare & Social Education, Government
of Tripura, having its office at Abhoynagar, P.O. Abhoynagar, Agartala, Dist.
West Tripura.
7. The Child Development Project Officer, ICDS Project, Khowai, District
Khowai Tripura.
....Respondent-Appellants
Versus
1. Smt. Smriti Rani Acharjee, W/O Shri Umesh Chandra Acharjee, resident
of Singhichara P.O. & P.S. Khowai, Dist. Khowai Tripura.
..Petitioner -Respondent
2. The Accountant General, Tripura, MalanchaNivas, P.O. Kunjaban, P.S.
East Agartala, District- West Tripura.
....Proforma Respondent
WA No.136 of 2022
1. The State of Tripura, represented by the Chief Secretary to the
Government of Tripura, Civil Secretariat, Capital Complex, P.O. Kunjaban,
P.S. East Agartala, Dist. West Tripura, Pin-799006.
2. The Secretary to the Government of Tripura, Social Welfare & Social
Education Department, Civil Secretariat, Capital Complex, P.O. Kunjaban,
P.S. East Agartala, Dist. West Tripura, Pin-799006.
3. The Addl. Director of Social Welfare & Social Education, Government
of Tripura, Civil Secretariat, P.O. Kunjaban, 799006.
Page 2 of 4
4. The Secretary to the Government of Tripura, Department of Finance,
Civil Secretariat, Capital Complex, P.O. Kunjaban, P.S. East Agartala, Dist.
West Tripura, Pin- 799006.
5. The Director of Social Welfare & Social Education, Government of
Tripura, having its office at Abhoynagar, P.O. Abhoynagar, Agartala, Dist.
West Tripura.
6. The Addl. Director of Social Welfare & Social Education, Government
of Tripura, having its office at Abhoynagar, P.O. Abhoynagar, Agartala, Dist.
West Tripura.
7. The Child Development Project Officer, ICDS Project, Khowai, District
Khowai Tripura.
....Respondent-Appellants
Versus
1. Smt. Swapna Deb (Debnath), W/O Shri Manik Lal Debnath, resident of
Bhati Abhoynagar (Vitir Ban), P.O. Agartala, P.S. West Agartala, Dist. West
Tripura.
..Petitioner -Respondent
2. The Accountant General, Tripura, Malancha Nivas, P.O. Kunjaban, P.S.
East Agartala, District- West Tripura.
....Proforma Respondent
WA No.137 of 2022
1. The State of Tripura, represented by the Principal Secretary to the
Government of Tripura, Social Welfare & Social Education Department, Civil
Secretariat, Capital Complex, P.O. Kunjaban, P.S. East Agartala, Dist. West
Tripura, Pin-799006.
2. The Director of Social Welfare & Social Education, Government of
Tripura, having its office at Abhoynagar, P.O. Abhoynagar, Agartala, Dist.
West Tripura.
3. District Inspector of Social Education, Govt. of Tripura, having its office
at Bishalgarh, P.O. Bishalgarh, Dist. Sepahijala Tripura.
....Respondent-Appellants
Versus
Smt. Putul Rani Saha, W/O Shri Kshitish Chandra Saha, resident of
Ambagan, Bishalgarh, P.O. & P.S. Bishalgarh, Dist. Sepahijala Tripura.
..Petitioner -Respondent
WA No.141 of 2022
1. The State of Tripura, represented by the Principal Secretary to the
Government of Tripura, Social Welfare & Social Education Department, Civil
Secretariat, Capital Complex, P.O. Kunjaban, P.S. East Agartala, Dist. West
Tripura, Pin-799006.
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2. The Director of Social Welfare & Social Education, Government of
Tripura, having its office at Abhoynagar, P.O. Abhoynagar, Agartala, Dist.
West Tripura.
3. District Inspector of Social Education, Govt. of Tripura, having its office
at Bishalgarh, P.O. Bishalgarh, Dist. Sepahijala Tripura.
....Respondent-Appellants
Versus
Smt. Tapasi Debbarma, W/O Shri Amal Chandra Saha, resident of
Raghunathpur, P.O. & P.S. Bishalgarh, Dist. Sepahijala Tripura.
..Petitioner -Respondent
For Appellant(s) : Mr. M. Debbarma, Addl. GA
For Respondent(s) : Mr. T.D. Majumder, Sr. Advocate
Mr. S. Das, Advocate
Mr. D. Kalai, Advocate
HON'BLE MR. JUSTICE ARINDAM LODH
HON'BLE MR. JUSTICE S.D. PURKAYASTHA
ORDER
04.07.2024
Heard Mr. M. Debbarma, learned Addl. GA appearing for the appellants-
State. Also heard Mr. S. Das, learned counsel appearing for the respondent in
WA No.135 of 2022 and WA No.136 of 2022 and Mr. T.D. Majumder, learned
senior counsel assisted by Mr. D. Kalai, learned counsel appearing for the
respondent in WA No.137 of 2022 and WA No.141 of 2022.
Since common questions of law and facts are involved in all the writ
appeals, these are taken up together for hearing and disposal on consent of
learned counsel appearing for the parties.
WA No.135 of 2022 and WA No.136 of 2022 have been preferred by the
State of Tripura against the impugned judgment and order dated 31.03.2022
passed by a learned Single Judge in WP(C) No.295 of 2022 and WP(C) No.294
of 2022 respectively. WA No.137 of 2022 and WA No.141 of 2022 have been
filed against the impugned judgment and order dated 20.01.2022 passed by the
learned Single Judge in WP(C) No.427 of 2021 and WP(C) No.424 of 2021
respectively.
The direction of the learned Single Judge leading to the filing of the above
writ appeals is that the writ petitioners being School Mothers are entitled to get
pension and other retiral benefits from the date they had joined as School
Mothers under the respondents.
Mr. Debbarma, learned Addl. GA appearing for the appellants submits that
the post of School Mother comes under the purview of a Scheme which
stipulates that if a School Mother completes 10(ten) years of regular service,
then, her past service would not be counted. However, during the course of
hearing, he failed to furnish any such Scheme, particularly relating to School
Mothers.
This Court while deciding the issue of similarly situated School Mothers
had passed so many judgments/orders wherein the respondents were directed to
count the past service rendered by School Mothers irrespective of their nature of
employment on contractual or temporary basis. In the case of Mamata Rani
Roy(Saha) vs. State of Tripura and Ors. in WP(C) No.77 of 2015, a Division
Bench of this Court was pleased to direct providing retiral benefits and/or
pensionary benefits by adding the period of contractual service rendered by the
petitioner prior to her regularization to the post.
We have also perused the judgment and order passed by the Division Bench
of this Court in Mamata Rani Roy(Saha) (supra) confirming the order of the
learned Single Judge directing to add the period of service they rendered on
temporary basis or on fixed pay basis along with the period of their regular
service for the purpose of granting pension and other retiral benefits.
This well-settled principle cannot be disputed by the State-appellant. The
position of the writ petitioners/respondents is similar and identical to the facts of
the case of Mamata Rani Roy(Saha) (supra).
In view of this, we find no merit in the above writ appeals. Accordingly, all
the writ appeals stand dismissed.
Pending application(s), if any, also stands disposed.
JUDGE JUDGE
Snigdha
SANJAY Digitally signed by
SANJAY GHOSH
GHOSH 10:21:42 +05'30'
Date: 2024.07.05
