Tripura High Court
Sri Rathindranath Ghosh vs The State Of Tripura And 4 Ors on 9 September, 2024
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
WP(C) 442 of 2023
Sri Rathindranath Ghosh
---Petitioner(s)
Versus
The State of Tripura and 4 Ors.
---Respondent(s)
For Petitioner (s) : Ms. A. Debbarma, Advocate.
For Respondent(s) : Mr. N. Majumder, Advocate.
Mr. B. Majumder, CGC.
HON'BLE MR. JUSTICE T. AMARNATH GOUD
Judgment & Order (Oral)
09.09.2024
Heard learned counsel for the parties.
[2] This is a writ petition under Article 226 of the Constitution of India for
seeking the following relief(s)
(i) Issue Rule upon the Respondents to show cause as to why a writ in the
nature of Mandamus and/or order/orders and/or direction/ directions of
like nature shall not be issued wherebyquashing and cancelling the letter,
dated, 30.11.2022, the Managing Director (Finance), by which it was
made known to the Petitioner, that, his EPF contribution @ 12% of pay
will start from the month of 1.11.2022.
(ii) Issue Rule upon the Respondents to show cause as to why a writ in the
nature of Mandamus and/or order/orders and/or direction/ directions of
like nature shall not be issued whereby directing the Respondents to take
the Petitioner's contribution to the EPF from 21.07.2013, ie the date from
which the service of the Petitioner was regularized.
(iii) Issue Rule upon the Respondents to show cause as to why a writ in the
nature of Mandamus and/or order/orders and/or direction/directions of
like nature shall not be issued whereby directing the Respondent no: 2 & 3
to contribute to the Petitioner's Provident Fund and Pension Fund under
the Act, 1952 w.e.f., 21.07.2013, i.e., from the date on which the service of
the Petitioner was regularized.
(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.
[3] It is the case of the petitioner that the petitioner filed this writ petition to
accept the contribution of the petitioner to the Provident Fund, w.e.f. 21.07.2013 i.e.
from the date on which the service of the petitioner was regularized as per the Order of
this Court. The petitioner was selected by the Mohanpur Panchayat Samity to act as the
Meter Reader on temporary basis under the Mohanpur Electrical Sub-Division as
would be evident from the letter 14.07.2003 issued by the Executive Officer (B.D.O)
Sadar North Block, Mohanpur to the Assistant Engineer, Mohanpur Electricl Sub-
Division Mohanpur, West Tripura. Being so engaged, the petitioner joined as Meter
Rader unit under the SDO, Electrical, Mohanpur on 21.07.2003 by submitting joining
report.
[4] On completion of 10 years of service, the petitioner submitted
representation dated 28.10.2015 to the Chairman-cum-Managing Director. TSECL
seeking regularization of service on completion of 10 years service as DRW w.e.f 15-
07-2003 and the said representation was subsequently forwarded by the Senior
Manager (Electrical), Mohanpur Electrical Sub-Division by letter, dated 30.10.2015 to
the Deputy General Manager, TSECL for necessary action. But most arbitrarily and
unreasoningly the service of the petitioner had not been regularized by the respondents.
[5] It is seen from the record that the petitioner has submitted two
representations dated 05.12.2022 and 01.05.2023 before the respondents and none of
the respondents have been acted upon till date.
[6] In view of said submission, without expressing any opinion on the merits
of the case, this present writ petition is disposed of directing the respondents to
consider the case of the petitioner in the light of the representation dated 05.12.2022
and 01.05.2023 in accordance with law within a period of two months from the date of
receipt of copy of this order.
[7] With the above observation and direction, this present writ petition stands
disposed of. As a sequel, stay, if any, stands vacated. Pending application(s), if any,
also stands closed.
JUDGE
Dipak
