Citation : 2025 Latest Caselaw 1242 Tri
Judgement Date : 4 November, 2025
Page 1 of 7
HIGH COURT OF TRIPURA
AGARTALA
WP(C) No.496 of 2025
1. Arati Majumder, W/o- Amar Krishna Baidya, Village- 40 Garrage
Tila, Gram Dakshin Bharat Chandra Nagar, PO- Dakshin Bharat Chandra
Nagar, South Bharat Chandra Nagar, Belonia, District- South Tripura,
Pin- 799155, Age- 61 years.
2. Namita Das, W/o- Gopal Chowdhury, Village- Mohamaya Bari
I.C.D.S. Center, Krishnagar, Joypur, District- South Tripura, Pin-
799156, Age- 63 years.
3. Jyotsna Acharjee, W/o- Narayan Acharjee, Village- Marak Para
ICDS CENTER, Village- Dakshin Rajnagar, PO- Ranjagar, VTC- Rajnagar,
District- South Tripura, Pin- 799150.
4. Bimal Singh, S/o- Lt. Phamjaw Singha, Village- W-3, East
Kameswar Kameswar, Kameswargaon, District- North Tripura, Pin-
799253, Age- 62 years.
5. Rekha Rani Nath, W/o- Rajendra Nath, Village- 03, Village-
Panighat A.W.C. ICHAI LAL CHARRA, District- North Tripura, Pin-
799251.
6. Shefali Deb, W/o- Lt. Shyamapada Deb, Village- 181 Subhash Palli
W-1, Dharmanagar Chandrapur Dharmanagar, District- North Tripura,
Pin-799251, Age- 61 years.
7. Sunil Baran Goswami, C/o- Lt. Pran Gopal Goswami, Village- East
Hurua A.W.C. Hurua, District- North Tripura, Pin- 799253.
8. Sabita Debnath, D/o- Sarada Mohan Debnath, Village- WARD NO-
01, Pratyekroy, VTC- Gobindapur, District- North Tripura, Pin- 799251.
Age- 62 years.
9. Rita Mitra Dey, W/o- Manoranjan Dey, Village- 09/08 Ward No.- 10
Aryya Colony Belonia, VTC- Belonia Nagar Panchayet, PO- Belonia,
District- South Tripura, Pin- 799155, Age- 61 years.
10. Kajal Chakraborty, W/o- Sankar Chakraborty, Village- Ward No.6
Near Sonapur Girls High School, South Sonapur Dakshin Barapathary,
District- South Tripura, Pin- 799155, Age- 64 years.
11. Prativa Patari Nag, W/o- Monoranjan Nag, Village- Natun Nagar,
Sub. Div- Belonia, District- South Tripura, Pin-799155, Age- 62 years.
12. Manju Muhuri Basu, W/o- Lt. Harishankar Basu, Village -
Vivekanada, Colony I.C.D.S Center, Sarashima, North Sarashima,
District- South Tripura, Pin-799155, Age- 61 years.
13. Dali Sharma Shil, W/o- Milan Kanti Shil, Village- Ward 8, Near
post Office, Sub Division- Sabroom, District- South Tripura, Pin-
799145, Age- 63 years.
14. Kananbala Chakraborty, W/o- Paritosh Chakraborty, Village-
Ward- 14, TeliamuraNagar Panchayet, PO- Teliamura, District- West
Tripura, Pin- 799205, Age- 61 years.
15. Kajal PaulLodh, W/o- Mukunda Kumar Lodh, Village- 346, OARD-
6, Belonia, District- South Tripura, Pin- 799155.
Page 2 of 7
16. Anjali Rani Das, D/o- Gyanendra Mohan Das, Village- Sarashima
(part), PO- Belonia, District- South Tripura, Pin- 799155, Age- 61 years.
17. Manoranjan Nama, S/o- Lt. Ananta Nama, Village- 4/11, Ward
No. 4 East Kakulia, North Jolaibari, Sub. Div- Santirbazar, District-
South Tripura, Pin- 799141, Age- 62 years.
18. Taru Bala Das, W/o- Lt. Nepal Chandra Das, Village- Hrishymukh,
PO- Hrishymukh, Belonia, District- South Tripura, Pin- 799156, Age- 64
years.
19. Chhabi Rani Saha, W/o- Sukumar Das, Village- Near Pal Para
I.C.D.S LowgangBetaga, R. f, District- South Tripura, Pin- 799144, Age-
62 years.
20. Prativa Rani Datta, W/o- Manoranjan Datta, Village- Datta Park
Paschim Pillak, VTC- Paschim Pillak, PO- Madhyapilak, District- South
Tripura, Pin- 799141, Age- 64 years.
21. Narayan Chakraborty, S/o- Lt. Suresh Chakraborty, Village-
7/46, Ward No. 7 Hospital Para, Near Jolaibari I. NTREC. D. S CENTRE,
Uttar Jolaibari, Sub. Div- Santirbazar, District- South Tripura, Pin-
799141, Age-62 years.
22. Purnima Dey, W/o- Sukhamoy Sen, Village- Kali Tilla, Matai, VTC-
Matai, District- South Tripura, Pin- 799159, Age- 61 years.
23. Basanti Biswas Lodh, C/o- Sachindra Kumar Lodh, Village- Matai,
Sub Division- Belonia, District- South Tripura, Pin- 799155, Age-62
years.
24. Bhagabati Nag, W/o- Swapan Chandra Nag, Village- Chittamara,
Sub Div- Belonia, Rajnagar Chittamara, S.B. School, PO- Chittamara,
District- South Tripura, Pin- 799155, Age- 61 years.
25. Lal Mohan Datta, S/o- Lt. Mahendra Kumar Datta, Village- Sripur,
PO- Hrishyamukh, Belonia, District- South Tripura, Pin-799156, Age- 62
years.
26. Sushila Bala Ghose, W/o- Lt. Pranab Kanti Ghose, Village NO.-3,
Kusum Raj I.C.D.S Center, West Paikhola, VTC- Belonia, District- South
Tripura, Pin- 799125.
27. Jyotsna Das, W/o- Arjun Majumder, Village- Aryya Colony,
Sarasima, PS- Belonia, Sub Division- Belonia, District- South Tripura,
Pin- 799155, Age- 63 years.
28. Niranjan Sarkar, S/o- Debandra Kumar Sarkar, Village- Ashram
Para Block, Rajnagar PurbaPipariakhola, District- South Tripura, Pin-
799155, Age- 62 years.
29. Kajal Choudhuri, W/o- Amar Choudhuri, Village-
PurbaPipariakhola Block, PO- Rajnagar, PurbaPipariakhola District-
South Tripura, Pin-799155, Age- 62 years.
30. Ratna Rani Dey, W/o- Kantilal Dey, Village- Madhya Bharat
Chandra Nahar, PO- Chittamara, District- South Tripura, Pin- 799155,
Age- 62 years.
31. Jayanti Saha, W/o- Lt. Punil Behari Saha, Village- 63, W-7, Near
Aryya Colony School, Belonia, PS- Belonia, Nagar Panchayat, District-
South Tripura, Pin- 799155, Age- 61 years.
32. Sobha Rani Debnath, W/o- Jadu Gopal Debnath, Village- 4 Near
Bar Pathari High School Block- Ranjnagar, Sub.Division-
Page 3 of 7
BeloniaLaxmipur, PO- Barpathari, District- South Tripura, Pin- 799155,
Age- 64 years.
33. Gita Baidya, W/o- Nani Gopal Baidya, Village- Shil Colony I.C.D.S
Centre Metai Joykatpur, District- South Tripura, Pin- 799159, Age- 63
years.
34. Rita Datta, W/o- Swapan Kumar Datta, Village- Ward.4, Netaji
Palli, Belonia, PS- Belonia, District- South Tripura, Pin- 799155, Age- 62
years.
35. Arati Muhuri, C/o- Manik Muhuri, Village- Ward 3/231 Jagneswari
I.C.D.S Centre Jolaibari, South Jolaibari, Sub Division- Santirbazar,
South Jolaibari Panchayat, District- South Tripura, Pin- 799141, Age- 62
years.
36. Puspa Rani Saha (Roy), W/o- Birendra Das, Village+PO-
Golabari, Mouja- Krishnapur Teliamura, District- West Tripura, Pin-
799205, Age- 63 years.
37. Sadhana Roy, W/o- Lt. Nishi Kanta Roy, Village- Karaliong, P.O-
Karaliong, Paschim Teliamura, District- West Tripura, Pin- 799205, Age-
62 years.
38. Rama Deb, W/o- Lt. Babul Roy, Village- 5 Margang Para, Village-
Mohanrchara Bazar, Kamalnagar, PO- Mohanrchara, VTC- Kamalnagar,
District- West Tripura, Pin- 799203, Age- 61 years.
........Petitioner(s)
-Versus-
1. The State of Tripura, To be represented by the Secretary, Social
Welfare & Social Education, Govt. of Tripura, New Secretariat Complex,
Kunjaban, Agartala, West Tripura, PIN 799010.
2. The Secretary, Department of Finance, Govt of Tripura, New
Secretariat Complex, Kunjaban, Agartala, West Tripura, PIN 799010.
3. The Director of Social Welfare & Social Education, Government
of Tripura, Directorate of Social Welfare & Social Education,
Abhaynagar, Agartala, West Tripura, Pin 799010.
4. The District Inspector of Social Education, South Tripura
District, O/o the District Inspector of Social Education, South Tripura,
Pin 799101.
5. The District Inspector of Social Education, North Tripura
District, O/o the District Inspector of Social Education, North Tripura,
Pin 799250.
[As per Hon'ble Court's order dated 31-10-2025 respondent
Nos.6, 7 & 8 has been deleted......]
9. The CDPO, Hrishyamukh ICDS Project, Belonia, South Tripura, Pin- 799156.
10. The CDPO, Rajnagar ICS Project, Belonia, South Tripura, Pin- 799150.
11. The CDPO, Jolaibari ICDS Project, Santir Bazar, South Tripura, Pin- 799141.
12. The CDPO, Jirania ICDS Project, Jirania, West Tripura, Pin- 799045.
13. The CDPO, Teliamura ICDS Project, Khowai Tripura, Pin- 799205.
14. The CDPO, Kailashahar ICDS Project, Unakoti, Tripura, Pin- 700277.
15. The CDPO, Dharmanagar ICDS Project, North Tripura, Pin- 799250.
........ Respondent(s) For the Petitioner(s) : Mr. Purusuttam Roy Barman, Sr. Advocate.
Ms. Sutapa Deb Barman, Advocate.
For the Respondent(s) : Mr. Pradyumna Gautam, Senior G.A. Ms. R. Singh, Advocate.
Date of hearing and delivery : 4th November, 2025
of Judgment & Order
Whether fit for reporting : YES/NO
HON'BLE MR. JUSTICE S. DATTA PURKAYASTHA
JUDGMENT & ORDER (Oral)
Heard Mr. Purusuttam Roy Barman, learned senior counsel
appearing for the petitioners and Mr. Pradyumna Gautam, learned
senior G.A. appearing for the State-respondents.
[2] Admittedly, all the petitioners were appointed either as
'Adult Literacy Teachers' or as 'Part-time Instructors' under the Farmer's
Functional Literacy Programme under the Department of Social Welfare
& Social Education and were getting their regular honorarium. Now, it is
the grievance of the petitioners that from May 2025, their honorarium
has been stopped by the respondents without any reason, although they
have been discharging their duties to the satisfaction of their authority.
Thus, with such grievances, the present writ petition is filed with the
following reliefs:
"i. Issue Rule upon the Respondents to show cause as to why Writ in the nature of mandamus and/or Order or direction shall not be issued whereby directing the Respondents to allow the Petitioners to resume their duty as Adult Literacy Teachers in their existing place of posting.
ii. Issue Rule upon the Respondents to show cause as to why Writ in the nature of mandamus and/or Order or direction shall not be issued whereby directing the Respondents to release arrear of pay of the Petitioners which fell due since May, 2025.
iii. Issue Rule upon the Respondents to show cause as to why Writ in the nature of mandamus and/or Order or
direction shall not be issued whereby directing the Respondents to accept the Work Report of the Petitioners for the month of May, 2025.
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] During hearing, Mr. Roy Barman, learned senior counsel,
submits that a notification has been issued by the State Government on
03.09.2025 (Annexure-II to the counter affidavit submitted by the
respondents), whereby the upper age for honorary services of the Adult
Literacy Teachers (ALT) and Part-Time Instructors (PTI) have been fixed
at 60(sixty) years, with immediate effect and until further order. The
petitioners, therefore, are limiting their claim for arrear honorarium only
upto August 2025, subject to their right to challenge the said notification
dated 03.09.2025 in the appropriate forum. Mr. Barman, learned senior
counsel, further submits that earlier in similar and identical matter, this
Court had passed another judgment dated 26.09.2025, directing the
respondents to make payment of wages/honorarium to the petitioners of
that case from the month of May 2025 till August 2025, in terms of
memorandum dated 24.02.2025 (Annexure-5 of that writ petition)
within 4(four) weeks. Learned senior counsel, relying on the said
judgment, further submits that in the said judgment, due to
typographical mistake the date of the memorandum was written as
24.02.2025, and it would be 22.04.2025. The said memorandum dated
22.04.2025 (placed as Annexure-13 to the present writ petition),
whereby the existing rate of wages/remuneration of Adult Literacy
Teacher has been increased from Rs.7,077/- per month to Rs.7,289/-
per month and remuneration of Part-time Instructors from Rs.6,962/-
per month to Rs.7,171/- per month w.e.f. 01.04.2025. Therefore,
according to Ld. Sr. Counsel, the petitioners are entitled to get their
remuneration as per that memorandum.
[4] Learned senior G.A., on the other hand, submits that as per
the notification dated 03.09.2025, the upper age limit for rendering
honorary services of said Adult Literacy Teachers and Part-time
Instructors have been fixed at 60 years and, therefore, the services of
the petitioners were stopped and payment of remuneration was also not
made to them. Learned senior G.A. has relied on paragraph Nos.6 & 7 of
his counter affidavit.
[5] This Court has given due consideration to the submissions of
both sides and also have considered the materials placed in the record.
[6] In the writ petition, it is categorically stated by the
petitioners that they were discharging their duties and responsibilities to
the full satisfaction of the respondents but, despite the same, their
honorarium was stopped. The upper age limit for above said post was
made 60 years only by notification dated 03.09.2025 and, therefore, the
services rendered by the petitioners till August 2025 cannot be denied
even if they have crossed the said upper age limit of 60 years prior to
issuance of said notification. Moreover, the State has derived the
benefits of their services during that period.
[7] This Court, in case of Part time Instructors, in a similar
situation, in the case of Adhir Chakraborty & Ors. vs. The State of
Tripura & Ors., WP(C) No.495 of 2025, decided on 26.09.2025,
directed the respondents in the following terms:
"8. In view of the above discussions, the writ petition is allowed. The respondents are directed to make the payment of the wages of the petitioners for the period from May, 2025 till August, 2025 in terms of Memorandum dated 24.02.2025 [Annexure-5 to the writ petition] within 4(four) weeks of receipt of copy of this order.
9. It is clarified that this order will not stand as a bar for the petitioners to challenge the notification dated 03.09.2025 [Annexure-II to the counter affidavit] in due course, in any appropriated forum in accordance with law.
10. With the above observations and directions, the writ petition is disposed of.
Connected application(s), if any, shall also stand disposed of."
[8] In the counter affidavit it is also stated by the respondents
that one of the present petitioner, namely Arati Majumder, was engaged
as Adult Literacy Teacher and not as Part-time worker. There is no
denial from the side of respondents that the petitioners have not
discharged their duty till August 2025.
[9] In view of the above discussion, the writ petition is allowed.
The respondents are directed to make the payment of the
wages/remuneration to the petitioners for the period of May 2025 to
August 2025 in terms of the memorandum dated 22.04.2025
(Annexure-13 of the present writ petition) within 4(four) weeks of
receipt of copy of this order. It is admitted by the respondents that
Arati Majumder was engaged as Adult Literacy Teacher, so her
remuneration should be paid as per the rate meant for Adult Literacy
Teacher. It is also further clarified that this order will not stand as a bar
for the petitioners to challenge the notification dated 03.09.2025,
issued by the Government of Tripura in Education (Social Welfare &
Social Education) Department, Tripura (Annexure-II to the counter
affidavit) in due course in any appropriate forum in accordance with
law.
With such observations and directions, the writ petition is
disposed of.
Pending application(s), if any, shall also stands disposed of.
JUDGE
RUDRADEE Digitally signed by RUDRADEEP BANERJEE
P BANERJEE Date: 2025.11.06 16:25:09 +05'30'
Dinashree
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