Tripura High Court
Tripurna Joy Tripura And Anr vs The State Of Tripura & Ors on 22 January, 2025
HIGH COURT OF TRIPURA
AGARTALA
W.P.(C) No.681 of 2023
Tripurna Joy Tripura and Anr.
...... Petitioner(s)
Versus
The State of Tripura & Ors.
...... Respondent(s)
For Petitioner(s) : Mr. P. Roy Barman, Sr. Adv.
Mr. P. Ray, Adv.
For Respondent (s) : Mr. Kohinoor N. Bhattacharya, GA
HON'BLE MR. JUSTICE S. DATTA PURKAYASTHA
Order
22.01.2025
Heard Mr. P. Roy Barman, learned senior counsel assisted by Mr. P. Ray,
learned counsel appearing for the petitioners.
Mr. Roy Barman, learned senior counsel submits that initially the petitioner
No.1 worked as the casual worker for the period from 14.09.2005 to 18.03.2010 in
the Residential School, Kumarghat, North Tripura under Tripura Tribal Welfare
Residential Educational Institutions Society [in short, TTWREIS] and the petitioner
No.2 worked in the Residential School, Birchandranagar Nagar, Shantirbazar,
South Tripura under TTWREIS for the period from 27.09.2005 to 18.03.2010.
Thereafter, both the petitioners joined as DRW [Group-D] on 18.03.2010 under
TTWREIS vide memorandum dated 15.02.2010 [Annexure-3 of the writ petition]
and they have also completed 10 years of continuous service as DRW but their
services have not been regularized yet.
Mr. Roy Barman, learned senior counsel further submits that the
Government of Tripura, Department of Finance, earlier issued memoranda dated
01.09.2008 and 21.01.2009 [Annexures-8 & 9 respectively of the writ petition] and
also again issued another notification dated 03.01.2014 [Annexure-10 of the writ
petition] for regularization of DRWs in the service but they were not regularized.
However, vide memorandum dated 31.07.2018 [Annexure-11 of the writ petition]
the Government withdrew above said two memoranda and stop that policy
decision for regularization.
Mr. Roy Barman, senior counsel further argues that such withdrawal of
policy decision for regularization in the year 2018 will not affect the right of the
present petitioners for regularization as they were engaged against the vacant
Group-D posts and in similar situation, other 3[three] persons, namely Sri Upendra
Tripura, Sri Senchandra Tripura and Smt. Sebika Tripura were also engaged as
DRW by same memorandum, like the present petitioners. Sri Upendra Tripura, Sri
Senchandra Tripura filed the writ petition being W.P.(C) No.860 of 2021. In that
case, this High Court directed the respondents to regularize them in their service.
Against this judgment, as submitted by the learned senior counsel, the State-
respondents preferred Writ Appeal No.153 of 2022 which was dismissed and
thereafter, the respondents filed Special Leave Petition (C) Diary No.(S).20762 of
2022 before the Hon'ble Apex Court which was also dismissed and the above said
persons have already been regularized.
According to learned senior counsel, the present writ petitioners and the writ
petitioners of the said W.P.(C) No.860 of 2021 are on the same footing and
therefore, they are also entitled to get regularization. Mr. Roy Barman, learned
senior counsel referring to one file Note No.19 as submitted by the respondents
No.1,2 & 3 further submits that the department also initiated a proposal for their
regularization vide Note No.23 as relied on by the respondents, similar
recommendation was made for their regularization on the ground that they were
appointed against the sanctioned Group-D posts. The said notes were initiated in
the year 2020 when already the said policy was withdrawn by the State
Government.
Mr. Kohinoor N. Bhattacharya, learned GA on behalf of Mr. M. Debbarma,
learned Addl. GA, who is representing the case of the respondents has sought for
an accommodation.
Further hearing will continue on the next date.
List this matter on 24.01.2025.
JUDGE
SUJAY GHOSH Digitally signed by SUJAY GHOSH
Date: 2025.01.24 16:27:52 +05'30'
Sujay
