W/O- Rebati Pal vs The State Of Tripura on 19 February, 2026

                    HIGH COURT OF TRIPURA
                             AGARTALA


                        WP(C) No.685 of 2024

1. Indira Majumder
W/o- Pradip Sarkar, R/o- Ward No- 2, Saha Para, near Barpathari Market,
South Barpathari, Belonia, South Tripura, Pin- 799155.
2. Maynamati Shil
W/o- Sadhan Shil, R/o- Natun bazaar ICDS Center, Krishnanagar, Sabroom,
South Tripura, Pin- 799143.
3. Aruna Debbarma
W/o- Ananata Kumar Debbarma, R/o- Dalan Para ICDS Center, Chandpur,
Purba Tamakari, West Tripura, Pin- 799211.
4. Satyalaxmi Debbarma
C/o- Radha Charan Debbarma, R/o- Ramdayal                ICDS    Centre,
PaschimTamakari, West Tripura, Pin- 799211.
5. Supriya Debnath
W/o- Asok Kumar Nath, R/o - House no- 110, Ward no- 1, Vill Madhya
Kalyanpur, P.O and P.S- Kalyanpur, West Tripura, Pin- 799203.
6. Maya Chowdhury Nandi
W/o- Gouri Sankar Nandi, R/o- Ramrai Bari ICDS Center, P.O- Ramraibari,
Sub- Div- Santi Bazar, South Tripura, Pin- 799141.
7. Bandana Mitra
W/o - Raiharan Majumder, R/o- Debipur, P.S- Belonia, South Tripura, Pin-
799155.
8. Gita Saha
W/o- Shibu Lal Saha, R/o- Dighalia, Barjala, Patu Nagar, Lankamura, West
Tripura, Pin- 799009.
9. Kusum Bala Das
W/o- Mati Lal Datta, R/o- Tufanialunga, Laxmilunga, West Tripura, Pin -
799015.
10. Dayabati Uchai
W/o - Dasarath Uchai, R/o - Vill - Dyamani Uchai Para, Ratanpur, PS -
Belonia, South Tripura, Pin - 799155.
11. Dipali Talukdar Das
W/o- Dipak Chandra Das, R/o - ONGC Para ICDS, Fulchari, Nabagram,
South Tripura, Pin - 799143.
12. Nibha Bhattacharjee
W/o- Sajal Kumar Bhattacharjee, R/o - South Kacharghat, P.O and P.S -
Kailashahar, Dist -Unokoti, Pin - 799277.
13. Pranati Pal
                                   Page 2 of 10


W/o- Rebati Pal, R/o - Krishnanagar, North Tripura, Pin - 799290.
14. Archana Debnath
W/o- Lt. Nepal Ranjan Sharma, R/o- Dhaleshwar, Kalyani Water Supply
Road, Agartala, Tripura, Pin - 799004.
                                                ............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.
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
Rajnagar ICDS Project, South Tripura.
6. Child Development Project Officer
Satchand ICDS Project, Sabroom, Tripura.
7. Child Development Project Officer
Mohanpur ICDS Project, Mohanpur, Tripura.
8. Child Development Project Officer
Hezamara ICDS Project, West Tripura.
9. Child Development Project Officer
Kalyanpur ICDS Project, Kalyanpur, Khowai, Tripura.
10. Child Development Project Officer
Mohanpur ICDS Project, West Tripura.
11. Child Development Project Officer
Hrishyamukh ICDS Project, South Tripura.
12. Child Development Project Officer
Gournagar ICDS, Kailashahar, Unokoti, Tripura
13. Child Development Project Officer
Kumarghat ICDS Project, Unokoti Tripura.
14. Child Development Project Officer
Manu ICDS Project, Dhalai, Tripura.
15. 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);
                                    Page 3 of 10



For the Petitioner(s)         :   Mr. P. Roy Barman, Sr. Advocate,
                                  Ms. Aradhita Debbarma, Advocate.
For the Respondent(s)         :   Mr. Bidyut Majumder, Dy. S.G.I.,
                                  Mr. K. De, Addl. G.A.
Date of hearing and date of
delivery of Judgment & Order :    19.02.2026.

Whether fit for reporting     :   YES      NO
                                    √       √




              HON'BLE MR. JUSTICE S. DATTA PURKAYASTHA

                         JUDGMENT & ORDER (ORAL)

Heard learned senior counsel, Mr. P. Roy Barman, assisted by

Ms. Aradhita Debbarma, learned counsel for the petitioners. Also heard Mr.

Bidyut Majumder, learned Deputy S.G.I for the respondent-Union of India

and Mr. K. De, learned Additional Government Advocate for the

respondents-State.

[2] The common question involved in the case of all the petitioners

is that they were initially engaged as Anganwadi Workers, and after being

satisfied with their services rendered against said engagement, they were

ultimately promoted to the post of Supervisor (ICDS) (Group-C, Non-

Gazetted). By the passage of time they went on superannuation on different

dates. The dates of their engagement as Anganwadi Workers, the dates of

their respective promotions to the post of Supervisor (ICDS) (Group-C, Non-

Gazetted) and also the dates of their superannuation are canvassed in a

pictorial chart hereunder:

Date of Sl. Engagement Date of Date of Name No. as Anganwadi promotion superannuation Workers

1. Indira Majumder 23.06.1983 02.06.2023 30.11.2023

2. Maynamati Shil 23.06.1983 02.06.2023 30.11.2023

3. Aruna Debbarma 13.11.1985 02.06.2023 31.01.2024

4. Satyalaxmi Debbarma 13.11.1985 02.06.2023 31.01.2024

5. Supriya Debnath 25.11.1987 02.06.2023 30.11.2023

6. Maya Chowdhury Nandi 23.06.1983 02.06.2023 30.11.2023

7. Bandana Mitra 23.06.1983 02.06.2023 31.01.2024

8. Gita Saha 13.11.1985 02.06.2023 31.07.2023

9. Kusum Bala Das 13.11.1985 02.06.2023 31.12.2023

10. Dayabati Uchai 14.091984 02.06.2023 31.07.2023

11. Dipali Talukdar Das 23.06.1983 02.06.2023 -

12. Nibha Bhattacharjee - 02.06.2023 -

13. Pranati Pal - 02.06.2023 31.10.2023

14. Archana Debnath 12.06.1984 02.06.2023 31.01.2024

[3] Now, it is the common grievance of all the petitioners that 50%

of their services rendered as Anganwadi Workers were not taken into

account by the State-respondents, and thereby they have been deprived of

requisite pensionary benefits, and moreover, the respondents also denied

their pensionary benefits on the ground that their promotion to the post of

Supervisor (ICDS) (Group-C, Non-Gazetted) was ad hoc promotion.

[4] All the present fourteen petitioners earlier approached this

Court by filing WP(C) No. 395 of 2024 claiming 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 Respondent to record service rendered by the Petitioners as Anganwadi Worker before joining as Supervisor (ICDS) (Group-C, Non Gazetted), in the Service Book of the Petitioners.

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 Respondent to send pension proposal of the Petitioners to the AG (A & E), Tripura after retirement of the Petitioner from service on superannuation on the basis of 50% service as Anganwadi Worker and regular service as Supervisor (ICDS) (Group-C, Non Gazetted).

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 Respondent to determine the Gratuity, Leave Encashment and other pensionary benefits on retirement of the Petitioners on the basis of the 50% of service rendered by the Petitioners as Anganwadi Workers and regular service in the posts of Supervisors, ICDS(Group-C, Non Gazetted).

IV. 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 Respondent to modify the Notification, dated, 02.06.2023, issued by the Director, Social Welfare and Social Education by deleting the word "on ad-hoc basis".

V. Make the Rules absolute,

VI. Call for records............"

[5] A coordinate Bench of this Court vide order dated 21.06.2024

disposed of the said writ petition with the observation that some

representations made by the petitioners to the respondents departments

with regard to such claim, were pending, and therefore, without going into

the merits of the case, the Court directed the concerned respondents to

consider the case of the petitioners in the light of their representations as

expeditiously as possible.

[6] Thereafter, the Directorate of Social Welfare and Social

Education, Government of Tripura, issued an order dated 02.08.2024

(Annexure-27) whereby the claims of the petitioners were regretted following

the notification No.F.3(51-5)-DSWE/ESTT/2022/1260(145), dated

02.06.2023. By the said notification dated 02.06.2023, all the present

petitioners were promoted to the post of Supervisor on an ad hoc basis

pending the decision of the Hon'ble Supreme Court of India in SLP (C)

No.19765-19767 of 2015. As it appears, vide order dated 02.08.2024, the

department was of the view that such ad hoc promotion could not be treated

as a regular appointments on promotion. Therefore, on that ground, they

rejected the claim of the petitioners regarding their claim of post retiral

benefits after counting 50% of the period of services rendered as Anganwadi

Workers.

[7] Challenging the said order, 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 Respondent to record service rendered by the Petitioners as Anganwadi Worker before joining as Supervisor (ICDS) (Group-C, Non Gazetted), in the Service Book of the Petitioners.

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 Respondent to send pension proposal of the Petitioners to the AG (A & E), Tripura after retirement of the Petitioner from service on superannuation on the basis of 50% service as Anganwadi Worker and regular service as Supervisor (ICDS) (Group-C, Non Gazetted).

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 Respondent to determine the Gratuity, Leave Encashment and other pensionary benefits on retirement of the Petitioners on the basis of the 50% of service rendered by the Petitioners as Anganwadi Workers and regular service in the posts of Supervisors, ICDS(Group-C, Non Gazetted).

iv) 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 Respondent to modify the Notification, dated, 02.06.2023, issued by the Director, Social Welfare and Social Education by deleting the word "on ad-hoc basis".

v) 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 quashing and cancelling the Order, dated, 02.08.2024, issued by Director, Social Welfare and Social Education by which the claim of the Petitioners for post retiral benefits have been rejected.

vi) Make the Rules absolute,

vii) Call for records..........."

[8] Learned senior counsel, Mr. P. Roy Barman, argues that

already the State Government vide notification dated 01.12.2025 has

specified that such an ad hoc promotion shall be treated as a regular

promotion for the purpose of disbursement of pensionary benefits, and

moreover, earlier this Court has already decided in similar cases that 50% of

the services as Anganwadi Workers should be taken into account.

[9] Learned senior counsel, Mr. Barman, also relies on another

memorandum dated 02.11.2017, issued by the Education (Social Welfare &

Social Education) Department, Government of Tripura, whereby it was

directed that 50% of the total period of service rendered as Anganwadi

Worker should be counted as qualifying service while providing pensionary

benefits to those Supervisors (ICDS) who would be promoted from the post

of Anganwadi Worker. Learned senior counsel, Mr. Barman, therefore prays

for passing necessary directions in this regard.

[10] Learned Additional Government Advocate, Mr. K. De, however,

submits that the claims of the petitioners were turned down by the

department as their promotion was an ad hoc promotion. But he has not

disputed the fact of the issuance of the subsequent notification dated

01.12.2025 by the State Government as indicated above.

[11] Learned Deputy S.G.I., Mr. Bidyut Majumder, submits that they

are formal party in this case, and therefore, necessary order may be passed

in accordance with law.

[12] This Court has considered the submissions of both sides. As it

appears the present case is squarely covered by a decision of this Court

passed in the case of Manju Sarma Bhattacharjee versus the State of

Tripura and others [WP(C) No.119 of 2025] decided on 12.01.2026. The

relevant paragraphs of said judgment are also set out hereunder:

"[9] Considered the submissions of learned counsel of both sides. It appears that earlier some of the Anganwadi Workers who were promoted to the post of Supervisor, ICDS had approached this Court having similar grievance that they were not provided with the benefit of pension and other post-retiral benefits and this Court vide judgment dated 24.01.2017, decided the matter in Case No.WP(C) 71 of 2011 titled as Smt. Sandhya Banik & Ors. vs. The State of Tripura & Ors. along with another writ petition. The said case was disposed of with a direction that the State-respondents would have to process the cases of the petitioners for pensionary benefits after taking into account 50% of their services rendered as Anganwadi Workers, and thereafter to pay the pensionary benefits to them accordingly.

[10] Learned senior counsel, Mr. Roy Barman also submits that said judgment was not challenged by the State, rather, they had complied with the same.

[11] Learned senior counsel, Mr. Roy Barman has also placed one notification dated 1st December, 2025, issued by the G.A. (P&T) Department, Govt. of Tripura, whereby it was decided by the State that all promotions allowed as per the promotional policy of 2021 shall be treated as regular promotion with effect from the ad hoc promotion for the purpose of extending all service and retiral benefits as per respective extant rules. The relevant portion of the policy decision of the State Govt. is extracted here- in-below:

"Whereas, the Promotion Policy, 2021 has been carefully examined by the Government and after due consideration, it has been decided to modify the said Policy as follows: -

i) All promotions allowed as per the Promotion Policy, 2021 shall be treated as regular promotion with effect from the date of ad-hoc promotion for the purpose of extending all service and retiral benefits as per respective extant rules. Also, the benefits of fixation / protection of pay, allowances, etc. after such treatment, shall be provided to an employee entitled otherwise, subject to the outcome of SLP No. 19765-19767 of 2015 pending before the Hon'ble Apex Court.

ii) All pensionary benefits, including leave encashment, shall also be extended to employees on the last pay of the post from which they have retired / will retire from service on superannuation or otherwise, after availing ad-hoc promotion subject to the outcome of the SLP No. 19765-19767 of 2015 pending before the Hon'ble

Apex Court. Also, if any employee dies after availing ad-hoc promotion as per the Promotion Policy, 2021, his/her legal heirs shall also be entitled to pensionary benefits, including leave encashment etc. as permissible, subject to the outcome of SLP No. 19765-

19767 of 2015 pending before the Hon'ble Apex Court.

All Departments and Heads of Departments are therefore, requested to take action accordingly."

[12] In view of above position, the issue raised by the respondents cannot be taken into consideration as the matter of addition of 50% past service of the petitioner as Anganwadi Worker has already been decided by this Court in the above said earlier decision, and that has reached the finality and has become binding on the State.

[13] As it appears, already the Govt. has extended the benefit of regular promotion to all the promotees who were promoted on ad hoc basis as per promotional policy of 2021, and it has been directed by the State to all the departments to extend all promotional benefits, including leave encashment to the retired employees or to their legal representatives where those employees are dead meanwhile. Therefore, the issue raised by the respondents that the promotion of the petitioner was an ad hoc promotion, cannot be accepted.

[14] In view of above, the writ petition is allowed. The State- respondent Nos. 1 to 5 are directed to consider the case of the present petitioner in the light of the decision of this Court rendered in the case of Smt. Sandhya Banik (supra), and also the notification issued by the State Govt. on 1st December, 2025 as extracted above, and to take necessary steps for release of post- retiral benefits to the petitioner as per her entitlement in accordance with rules. The entire exercise will be completed within three months from receipt of a copy of this order..."

[13] The memorandum dated 02.11.2017 also shows that earlier

several writ petitions were decided by this Court on the issue of counting of

50% of the past services as Anganwadi Workers for the purpose of granting

post retiral benefits and finally, in terms of those judgments and orders

passed by this Court, the State Government issued said memorandum dated

02.11.2017.

[14] In view of the above position and also the decision of this Court

in the case of Manju Sarma Bhattacharjee (supra), the instant writ petition

is allowed. Consequently, the order dated 02.08.2024 (Annexure-27) is set

aside. The respondent nos. 01 to 14 are directed to examine and consider

the case of the present petitioners in the light of above said decision and

other previous decisions of this Court including the case of Smt. Sandhya

Banik & others versus the State of Tripura and others [WP(C) No. 71 of

2011] decided on 24.01.2017 and also the notifications issued by the State

Government on 02.11.2017 and 01.12.2025 as indicated above and to take

necessary steps for the release of post retiral benefits to the petitioners as

per their entitlement after counting 50% of their past services as Anganwadi

Workers and also taking into note that such an ad hoc promotion should be

treated as a regular promotion. The entire exercise shall be completed within

three months from the date of receipt of a copy of this order.

With the above observations and directions, the instant writ

petition is disposed of. Pending application(s), if any, shall also stand

disposed of.

JUDGE

Munna MUNNA SAHA Digitally signed by MUNNA SAHA Date: 2026.02.21 13:08:39 +05'30'