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Tripura High Court

Manju Sarma Bhattacharjee vs The State Of Tripura on 12 January, 2026

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                            HIGH COURT OF TRIPURA
                                  AGARTALA
                             WP(C) No.119 of 2025

Manju Sarma Bhattacharjee,
W/o: Nandalal Debnath,
R/o: Thakur Palli, Kulai, Dist: Dhalai, Tripura, Pin: 799204.
                                                          ......Petitioner(s).
                                     Vs.
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, 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, Ambassa ICDS Project, Dhalai,
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 Petitioner (s) : Mr. Purusuttam Roy Barman, Senior Advocate.

Mr. Samarjit Bhattacharjee, Advocate.

Mr. Dipjyoti Paul, Advocate.


For Respondent(s)                :   Mr. Bidyut Majumder, Deputy S.G.I.
                                     Mr. Mangal Debbarma, Addl. G.A.

Date of hearing and date of
delivery of Judgment & Order     :   12th January, 2026

Whether fit for reporting        :   NO

           HON'BLE MR. JUSTICE S. DATTA PURKAYASTHA

                        JUDGMENT & ORDER (Oral)

               Heard    Mr. Purusuttam Roy Barman, learned senior

counsel appearing for the petitioner, Mr. Mangal Debbarma, learned

Addl. G.A. appearing for the State-respondents and Mr. Bidyut

Majumder, learned Deputy S.G.I. appearing for the respondent-Union

of India.

[2] The petitioner was engaged as Anganwadi Worker vide

Memorandum dated 10.01.1985 (Annexure-1 to the writ petition).

Thereafter, vide notification dated 02.06.2023 (Annexure-2 to the

writ petition) she was promoted to the post of Supervisor (ICDS)

(Group-C, Non-Gazetted) on ad hoc basis subject to final outcome of

S.L.P. (C) No.19765-19767 of 2015 pending before the Hon'ble

Supreme Court and she went on retirement on 30.11.2023.

[3] Thereafter, the petitioner submitted a representation on

31.05.2024, to the Director of Social Welfare and Social Education

claiming gratuity and other pensionary benefits but according to the

petitioner, said representation was not responded to her. Thereafter,

she filed WP(C) No.457 of 2024 and a coordinate Bench of this Court

disposed of the said petition on 10.07.2024 with the following

directions:

"[6] In view of such circumstances, without expressing any opinion on the merits of the case, this writ petition is disposed of, directing the respondents to consider the representation dated 31.05.2024 made by the petitioner within a period of 03(three) months from the date of receipt of the copy of this order. However, it is always open for the petitioner to place any such document in support of her claim before the respondents along with the Judgment and Order dated 24.01.2017 passed in WP (C) No. 71 of 2011, and in analogous matter and also in Judgment and Order dated 23.02.2017 passed in WP(C) No. 514 of 2014 passed by this Court and on receipt of the same the respondents shall consider the matter in accordance with law.

[7] With the above observation and direction, this present writ petition stands disposed of. As a sequel, miscellaneous application(s), pending is any, shall stand closed."

[4] The petitioner accordingly communicated copy of the said

judgment to the respondents and vide order dated 13.08.2024

(Annexure-11 to the writ petition) the claim of the petitioner for post-

retiral benefits including pension was rejected.

[5] Then the petitioner filed Cont.Cas(C) No.103 of 2024,

which was ultimately closed giving liberty to the petitioner to avail

the remedy under law. Therefore, the present writ petition has been

filed.

[6] In the counter affidavit, it is stated by the State-

respondents that as a Supervisor, ICDS, the petitioner did not

complete the required qualifying service of 10 years and therefore,

she was not entitled to get pension and moreover, her promotion was

ad hoc promotion, based on the promotional policy, issued by the

State Govt., dated 22.06.2021, and as such, she is not entitled to get

gratuity or other pensionary benefits.

[7] Learned senior counsel, Mr. Roy Barman submits that

already it was decided by this Court in another case earlier that in

such a matter 50% of the period of service rendered as Anganwadi

Worker shall be taken into account and therefore, the present

petitioner is entitled to get all the pensionary benefits. Learned senior

counsel therefore prays for passing necessary direction to the

respondents in this regard.

[8] Learned Addl. G.A., Mr. Mangal Debbarma appearing for

the State-respondents, submits that only for about one year the

petitioner served as a Supervisor, ICDS Project and her service

rendered as Anganwadi Worker, cannot be taken into account and

thus, she is not entitled to get any pensionary benefits, gratuity and

leave salary.

[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