Tripura High Court
Smt. Dhayarung Reang @ Daya Bati Reang vs The State Of Tripura on 24 July, 2025
IN THE HIGH COURT OF TRIPURA
AGARTALA
W.P.(C) No.550 of 2024
1. Smt. Dhayarung Reang @ Daya Bati Reang
W/o- Shri Lalbeiseia Reang, R/o- Kheracherra,
VTC- Monacherra, Dist- North Tripura
2. Smt. Phorbati Reang @ Fharbati Reang
W/o- Shri Debsnghi Reang, R/o- Khedacherra,
Monacherra, Dist- North Tripura,
3. Smt. Pusaiti Reang @ Pusairung Reang,
W/o- Bidhayaham Reang, R/o- Kacharicherra, Dist-
North Tripura
4. Smt. Sabitri Reang
W/o- Nanda Kumar Reang, R/o- Shantipur ICDS
center, Kacharicherra, Dist- North Tripura
5. Smt. Purenti Reang,
W/o- Shri Birdhiram Reang, R/o- Shantipur ICDS
center, Kacharicherra, Dist- North Tripura
6. Smt. Jalirung Reang
W/o- Shri Pradip Molsom, R/o- 48 Uricherra, Santipur,
Kachiacherra, Dist- North Tripura
7. Smt. Salukrung Reang @ Salukti Reang
W/o- Shri Aingyak Rai Reang, R/o- Shantipurpara,
Kacharicherra, Dist- North Tripura
8. Smt. Gahanbati Reang,
W/o- Botan Pranjoy Reang, R/o- Khedacherra,
Monacherra, Dist- North Tripura
9. Smt. Gomaiti Reang @ Gumoti Reang
W/o- Lalnunzira Reang, R/o- Khedacherra,
Monaicherra, Dist- North Tripura
.....Petitioner(s)
-Versus-
1. The State of Tripura
to be represented by the Secretary, Social Welfare and
Social Education, Govt. of Tripura, New Secretariat
Building, New Capital Complex, Kunjaban, P.S- New
Capital Complex, Agartala, West Tripura, PIN- 799010
Page 2 of 6
2. The Secretary
Department of Social Welfare and Social Education
Govt. of Tripura, New Secretariat Building, New capital
Complex, Kunjaban, P.S- New Capital Complex,
Agartala, West Tripura, PIN - 799010
3. The Secretary
Department of Finance, Govt. of Tripura, New
Secretariat Building, New Capital Complex, Kunjaban,
P.S- New Capital Complex, Agartala, West Tripura, PIN
- 799010
4. The Director
Social Welfare and Social Education, Malancha, Ujan
Abhoynagar, Agartala, West Tripura.
5. Child Development Project Officer
Damcherra ICDS Project, North Tripura.
6. The Union of India
to be represented by the Secretary, Ministry of
Women and Child Development, Govt. of India,
Shastriya Bhawan, New Delhi.
....... Respondent(s)
For the Petitioner (s) : Mr. P. Roy Barman, Sr. Adv.
Mr. J. Murasing, Adv.
For the Respondent (s) : Mr. M. Debbarma, Addl. GA.
Mr. B. Majumder, Dy. SGI
Date of hearing and delivery : 24.07.2025
of Judgment & Order
YES NO
Whether fit for reporting : √
HON'BLE MR. JUSTICE S. DATTA PURKAYASTHA
JUDGMENT & ORDER (ORAL)
Heard Mr. P. Roy Barman, learned senior counsel assisted
by Mr. J. Murasing, learned counsel appearing for the petitioners and
Mr. M. Debbarma, learned Addl. GA appearing for the state-
respondents.
[2] Mr. Roy Barman, learned senior counsel submits that the
petitioner Nos.1,2,4,6 & 8 were engaged as Anganwadi Workers and
the petitioner Nos.3,5,7 & 9 were engaged as Anganwadi Helpers in
different Anganwadi Centres under Damcherra ICDS Project, during
the period of 2007-2010 and since then they were discharging their
duties in their respective Anganwadi Centres to the full satisfaction
of the authority. Meanwhile, the Child Development Project Officer
[CDPO] of Damcherra ICDS Project issued one memorandum dated
28.12.2022 [Annexure-12 to the writ petition], mentioning that 5
Anganwadi centres situated at Khakchang Para Nos.1 to 5 where the
petitioners were working as Anganwadi Workers and Anganwadi
Helpers were shifted from Khakchang Para to Khahamthai Para
without his consent and all Anganwadi Centres of Khakchang Para
were closed (locked) with all equipments and utensils and all the Bru
people were also shifted from Khakchang Para Bru camp to
Khahamthai Para Brue camp in the last week of November, 2022.
This memorandum also demonstrates that in this regard, a report
was submitted by the CDPO, Damcherra ICDS Project to the Director
Social Welfare and Social Education Department, Government of
Tripura (Respondent No.4) and meanwhile, the honorarium of the
petitioners was directed to be held up from the month of December,
2022 until further order.
[3] Mr. Roy Barman, learned senior counsel submits that till
date no decision has been taken by Respondent no.4 in this regard,
and meanwhile, the petitioners are being deprived of getting their
due honorarium. Mr. Roy Barman also submits that the
engagements of the petitioners are also not cancelled and
simultaneously their honorarium are also not being paid. Mr. Roy
Barman strongly contends that as per rules framed by the State
Government, the retiring age of Anganwadi workers and helper are
60 years and therefore, before such date, their engagement also
cannot be terminated. Mr. Roy Barman, learned senior counsel,
therefore, submits that all the petitioners are entitled to get their
respective honorarium which was withheld from December, 2022 till
date for no fault of them and they are also not being allowed to work
in the said Anganwadi Centres. Mr. Roy Barman, learned senior
counsel however, on query by this court, fairly admits that for the
above said period, the petitioners did not discharge their duties and
their engagement was on 'no-work no-pay' basis, but as for the fault
of the respondents, the petitioners could not discharge their duties,
the department may be asked to pay atleast 50% of the honorarium
to the petitioners for above said period as the said honorarium is the
only source of their income and survival. Mr. Roy Barman, learned
senior counsel finally submits that shifting any Anganwadi Centre or
any other establishment from one place to another place always
means the change of location of the such centre/establishment but
not the change of any office bearers or employee.
[4] Mr. M. Debbarma, learned Addl. G.A appearing for the
state-respondents, argues that as the Bru Camp wherein Bru people
were rehabilitated was shifted from Khakchang Para Bru camp to
Khahamthai Para, there was no further necessity of keeping those
Anganwadi Centres operational in Khakchang Para and meanwhile,
the department also started processing of engagement of Anganwadi
workers and helpers for newly established Anganwadi Centres at
Khahamthai Para. Mr. Debbarma, learned Addl. GA also submits that
as the petitioners did not work during the said period, they are not
entitled to get any honorarium.
[5] Mr. B. Majumder, learned Dy. SGI appearing for the
respondent-Union of India submits that the Union of India has no
role in this matter.
[6] On consideration of the submissions of both sides and
also on perusal of the documents submitted by the parties, it
appears from the memorandum dated 28.12.2022 that while
Anganwadi Centres were shifted from Khakchang Para Bru camp to
Khahamthai Para Bru camp without the consent of the CDPO,
Damcherra ICDS Project, he sent a report to the respondent No.4
for taking necessary decision in this regard but nothing is produced
from the side of the respondents that the respondent No.4 has taken
any decision on the said report of CDPO [the respondent No.5
herein] and for unnecessarily causing delay in decision making
process, the honorarium of the petitioners have been withheld in
this way for indefinite period without any valid reason. Though it is a
fact that the petitioners did not discharge their duties during the
period from December, 2022 till date but no blame can be attached
on them for that purpose as they were prevented from discharging
their duties. It is also true that without discharging their duties, they
cannot claim their full honorarium. Taking note of the above facts, it
appears that the submission of Mr. Roy Barman, learned senior
counsel, is more acceptable. When the petitioners could not
discharge their duties during that period being prevented by the
respondents, the entire amount of the honorarium cannot be
withheld by the respondents.
[7] Considering all these aspects and based on the
discussions made above, the writ petition is partly allowed. The
respondent No.4 is directed to take a conscious decision within
15[fifteen] days of receipt of the copy of this judgment and order,
on the report submitted by the respondent No.5 to him/her and
simultaneously, the respondent Nos.4 & 5 are also directed to
release 50% of the monthly honorarium to all the petitioners
computing from December, 2022 till the period their such
honorarium is kept withheld in this manner. Payment of such
honorarium computed upto July, 2025 should be made within 4[four]
weeks from the date of receipt of copy of this order.
The writ petition is accordingly disposed of.
Interim application(s), if any, also stands disposed of.
JUDGE
SUJAY GHOSH Digitally signed by SUJAY GHOSH
Date: 2025.07.28 16:30:39 +05'30'
Sujay
