Tripura High Court
Sri Babul Pal vs The State Of Tripura on 27 May, 2025
HIGH COURT OF TRIPURA
AGARTALA
WP(C) No.456 of 2024
Sri Babul Pal,
Son of Late Arjuneshwar Pal, resident of Yubaraj Ghat, Pal Para,
Melaghar, P.O. & P.S. Melaghar, District Sepahijala Tripura, Pin
799115.
......... Petitioner(s)
-Versus-
1. The State of Tripura,
Represented by the Secretary to the Government of Tripura,
Department of Finance, Gorkhabasti, New Capital Complex,
P.O. & P.S. NCC, Agartala, District West Tripura, Pin 799003.
2. The Secretary cum Commissioner to the Government of
Tripura,
Department of Finance, Gorkhabasti, New Capital Complex,
P.O. & P.S. NCC, Agartala, District West Tripura, Pin 799003.
3. The Chief Executive Officer,
Melaghar Municipality of Council, Sonamura, Sepahijala
Tripura, Pin 799115.
4. The District Magistrate and Collector,
Bishramganj, Sepahijala Tripura, Pin 799103.
........Respondent(s)
For the Petitioner(s) : Mrs. Sujata Deb (Gupta), Advocate.
For the Respondent(s) : Mr. M. Debbarma, Addl. G.A.
Date of hearing : 4th April, 2025.
Date of delivery
Of Judgment & Order : 27th May, 2025.
Whether fit for reporting : YES NO
√
HON'BLE MR. JUSTICE S. DATTA PURKAYASTHA
JUDGMENT & ORDER
According to the petitioner, on 13.08.2016 he was
engaged as 'Safai Karmachari' under Melaghar Municipal Council,
Sepahijala and since then he was working there with a monthly
wages of Rs.4,896/-. The last payment of wages was made on
30.09.2023 for the month of September, 2023 through his bank
account. According to him, he was rendering service without any
interruption but from October, 2023 to January, 2024, he did not
receive his wages and on 08.10.2023, the Councilor of Ward No.13
of Melaghar Municipal Council without any reason told him not to
continue his work further under the said Municipal Council and
when he tried to enquire about the same, he was ousted from the
office of the Council. Thereafter, he met with one Biswajit Das,
Mandol Sabhapati of Sonamura town and as per his instruction, the
petitioner continued to work again as 'Safai Karmachari' under the
said Municipal Council which was also to the notice of Councilor of
Ward No.13. On 16.10.2023, he also submitted a representation to
the Chief Executive Officer of said Municipal Council praying for his
re-engagement but it received no response. Thereafter, on
22.11.2023, he submitted another representation to the DM &
Collector, Sepahijala praying for his re-engagement as 'Safai
Karmachari' but the DM & Collector has not also taken any step in
this regard. Then he sent a legal notice to respondent no.3 for
releasing his wages of Rs.19,584/- for the period from October,
2023 to January, 2024. Thereafter, the Dy. Chief Executive Officer
of the said Municipal Council issued a Memo
No.F.2(2)/MC/MLG/Estta/2023-24/4629-35 dated 27.02.2024
(Annexure-5 of the writ petition) informing that his service as 'Safai
Karmachari' under said Municipal Council was not required w.e.f.
01.03.2024 and asked him not to attend the office from that date.
Simultaneously he also issued a cheque dated 29.02.2024 for
Rs.19,584/- regarding his back wages for the period of October,
2023 to January, 2024.
[2] Thereafter, the petitioner sent another legal notice to
the Chief Executive Officer of the Municipal Council seeking his re-
engagement within 15 days of receipt of the notice but that also
yielded no result. Then the petitioner submitted an application
before the Labour Officer, Bishramganj challenging his said letter of
discontinuation of service but the Labour Officer did not entertain
the same as communicated by him vide letter dated 17.05.2024
(Annexure-9 of the writ petition) in the following manner:
"In response to your letter, it is to inform you
that in the Memo No.2(2)/MC/MLG/ESTTA/2023-
24/4629-35, dated 27.02.2024, issued by the Dy.CEO,
Melaghar Municipal Council, there is no such expression
or words as "dismissal" or "termination" or
"retrenchment" found.
Moreover as per Section 2 of the Industrial
Disputes Act, 1947 any activity of the Government
relatable to the sovereign functions of the Government is
excluded from the definition of "Industry"."
[3] Now, said discontinuation letter and his discontinuation
as Safai karmachari has been challenged by the petitioner in this
writ petition with following prayers:
i. Admit the petition;
ii. Issue notice upon the respondents and call for the records lying
with the custody of the respondents;
iii. As to why a writ of Certiorari shall not be issued for
commanding/directing the respondent No.3 to quash the Memo vide
No.F.2(2)/MC/MLG/Estta/2023-24/4629-35, dated 27.02.2024 issued by the
respondent No.3;
iv. As to why a writ of Mandamus shall not be issued for interfering
the dismissal of the petitioner, vide Memo No.F.2(2)/MC/MLG/Estta/2023-
24/4629-35, dated 27.02.2024 issued by the respondent No.3 without serving
any show cause or caution notice;
v. As to why a writ of Mandamus for commanding/directing the
respondents to re-engage the petitioner in his service as "safai karmachari";
vi. After hearing the parties, be pleased to make the Rule Absolute in
terms of (iii), (iv) & (v) Above;
vii. Costs of an incidental to this proceeding;
viii. Any other relief(s) as to this Hon'ble High Court may deem fit and
proper.
[4] Despite service of notice, the respondent no.4 has not
appeared to contest the case. However, the State respondents
submitted one counter affidavit admitting the fact that the DM &
Collector, Sepahijala received the complaint of the petitioner dated
22.11.2023 and thereafter, same was forwarded to the Sub-
Divisional Magistrate, Sonamura who happened to be the Chief
Executive Officer of Melaghar Municipal Council for taking necessary
action. It is also further stated that from the memorandum dated
27.02.2024 (Annexure-5 of the writ petition) it appeared that
petitioner was terminated from the work of 'Safai Karmachari' by
Dy. Chief Executive Officer as per decision of General Body,
Melaghar Municipal Council and therefore, the DM & Collector,
Sepahijala had no role to play in this regard.
[5] Mrs. Sujata Deb (Gupta), learned counsel after
reiterating the facts of the case submits that in gross violation of
principle of natural justice, the engagement of petitioner has been
terminated without giving him any opportunity to be heard and
therefore, the impugned memorandum dated 27.02.2024 is
required to be interfered with and he is required to be re-engaged
in the work. According to learned counsel, the dismissal of the
petitioner is grossly illegal.
[6] Mr. M. Debbarma, learned Addl. GA submits that the
State and the officers of the State have unnecessarily been made
party in this case though they have no role in the affairs of
Melaghar Municipal Council.
[7] On consideration of submission of both sides and on
perusal of the relevant documents as relied on, it appears from the
copy of bank passbook that the monthly wage of Rs.4,896/- was
remitted to the bank account of the petitioner on 30.09.2023 and
again an amount of Rs.19,584/- was remitted to said bank account
on 05.03.2024 through cheque as indicated earlier. It is the claim
of the petitioner that said amount were paid to him as wages for
the month of September, 2023 to January, 2024. The petitioner
wrote a letter dated 16.10.2023 to the respondent no.3 praying for
engaging him again as 'Safai Karmachari' in the said Municipal
Council. Thereafter, he also wrote a letter to the DM & Collector,
Sepahijala in the next month i.e. on 22.11.2023 stating that he
was prohibited from working in the said Municipal Council and
therefore, he prayed for his re-engagement again in the said
Municipal Council as 'Safai Karmachari'. It could not be clarified by
the petitioner as to what had necessitated him to submit those two
petitions before said two authorities when he himself is claiming
that as per instruction of one Mandal Sabhapati he continued to
work as 'Safai Karmachari'. Both the versions are self
contradictory.
[8] The relevant memorandum dated 27.02.2024
(Annexure-5 of the writ petition) as issued by the Dy. Chief
Executive Officer of said Municipal Council is extracted hereunder
which shows that in the General Body meeting of Melaghar
Municipal Council, it was decided that his service as 'Safai
Karmachari' under Melaghar Municipal Council was not required
w.e.f. 01.03.2024 due to his irregular performance in his daily work
and therefore, he was asked not to attend the office w.e.f.
01.03.2024 until further order.
"GOVERNMENT OF TRIPURA
OFFICE OF THE CHIEF EXECUTIVE OFFICER
MELAGHAR MUNICIPAL COUNCIL
MELAGHAR, SEPAHIJALA, TRIPURA
No.F.2(2)/MC/MLG/Estta/2023-24/4629-35 Dated 27/02/2024
MEMO
Sri Babul Pal, S/O Lt. Arjuneshwar Pal, resident of Yubaraj Ghat,
Pal Para, Melaghar, P.O. & P.S. Melaghar, Sepahijala, Tripura, "Safai
Karmachari" posted under Melaghar Municipal Council is hereby
intimated that his service as a Safai Karmachari under Melaghar
Municipal Council is not required w.e.f 01-03-2024, as the decision
has been taken in the General Body Meeting of Melaghar Municipal
Council held on 20-12-2023, para no.7, vide
No.F.6(1)/MMC/MLG/Meeting/2023-24/3172-75, for his
irregular performance in his daily work.
Hence, Sri Babul Pal is hereby informed not to attend the office
w.e.f. 01-03-2024 until further order.
To
Sri Babul Pal, for information & necessary action.
Sd/-
Dy. Chief Executive Officer
Melaghar Municipal Council
Melaghar, Sepahijala, Tripura"
[9] Said letter nowhere indicates that he was in any roll of
casual workers or temporary workers or of DRW in said Municipal
Council. The petitioner also does not claim to be so. He also did not
submit any engagement letter or any other document issued to him
by said Municipal council to show that he was working there from
13.08.2016 continuously. He also could not show any rules or
guidelines to show that for any such discontinuation of the
petitioner from the work of 'Safai Karmachari', the Council is under
obligation to issue any show-cause notice or to follow any
prescribed procedure in this regard. The order of the Labour Officer
is also not challenged by the petitioner to seek any protection
under the Industrial Disputes Act, 1947.
[10] In a case in between Sri Shyamapada Pal vs. the
State of Tripura and others [WP(C) 890 of 2022 disposed of
on 03.07.2023], the petitioner, a part time pump operator under
DTW scheme was dis-engaged from his such engagement. While
dealing with the issue and the challenge regarding dis-engagement
of that petitioner, the coordinate Bench of this Court in said case
observed that a person having not held civil post cannot seek
mandamus or the court cannot exercise its discretionary power and
extra ordinary jurisdiction, as enshrined under Article 226 of the
Constitution of India. However, he may claim compensation in an
appropriate forum, if he feels that illegalities have been committed
towards him by the respondents.
[11] Considering all these aspects, this Court does not find
any merit in the writ petition to allow the prayer of the petitioner
for his re-engagement by quashing said impugned memorandum
dated 27.02.2024. Anyway, from the impugned memorandum
dated 27.02.2024, it appears that the decision was taken by
Melaghar Municipal Council to discontinue him on the ground of his
irregular performance in his daily work. Therefore, personal
allegations are labelled against the petitioner. Considering thus, a
scope is given to the petitioner to submit his representation, if any,
against such allegation of irregular performance in his daily work.
[12] In view of above discussions, the writ petition is hereby
dismissed. However, petitioner is given liberty to submit a
representation against memorandum dated 27.02.2024 to the
respondent no.3, if so desire, within 2(two) weeks from today. The
respondent no.3 is directed to dispose of the representation, if so
submitted, with a reasoned order within 3 (three) weeks from the
date of submission of the same.
With such observation, the writ petition is disposed of.
Pending application(s), if any, shall also stand disposed
of.
JUDGE
Rudradeep RUDRADEEP BANERJEE Digitally signed by RUDRADEEP BANERJEE
Date: 2025.05.28 15:33:16 +05'30'
