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HIGH COURT OF TRIPURA
AGARTALA
WP(C) No.384 of 2024
1. Runu Majumder (Baidya)
W/o: Uttam Baidya, R/o: Vill: Baraj Colony, P.o: Sarashima, P.s; Belonia,
South Tripura, Pin: 799155
2. Juthika Chakraborty
W/o: Bimal Chakraborty, D/o: Rash Behari Chakraborty, R/o: Vill:
Sarasima, Boroj Colony, South Tripura, Pin:799155
3. Rajib Nath
S/o: Satyajit Nath, R/o: Vill and P.O: Bijoynagar, P.S: Sabroom, South
Tripura, Pin: 799145
….Petitioner(s)
Versus
1. The State of Tripura
to be represented by the Pricipal Secretary, Department of Revenue,
Government of Tripura, New Secretariat Building, New Capital Complex,
Kunjaban, Agartala, West Tripura, Pin-799006
2. The Secretary
Department of Finance, Govt. of Tripura, New Secretariat Building, new
Capital Complex, Agartala, West Tripura, Pin:799010
3. The Under Secretary,
Revenue Department, Government of Tripura.
4. The DM & Collector,
South Tripura District, Belonia.
….Respondent(s)
For Petitioner(s) : Ms. A. Debbarma, Advocate
For respondent(s) : Mr. M. Debbarma, Addl. G.A
Date of hearing and
30.07.2024
Delivery of Judgment & Order :
No
Whether fit for reporting :
HON’BLE MR. JUSTICE ARINDAM LODH
JUDGEMENT AND ORDER(ORAL)
Heard Ms. A. Debbarma, learned counsel appearing for the
petitioners. Also heard Mr. M. Debbarma, learned Addl. G.A appearing for
the State-respondents.
The fact of the case is that the petitioners were appointed in the month
of December, 2012 as contractual workers under the respondents. While
they were discharging their duties as contractual workers, the respondents
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under order dated 29.06.2015(Annexure-2 to the writ petition) had given an
ex post facto approval treating the petitioners as Daily Rated Workers w.e.f.
the dates of their joining. From the said Memo dated 29.06.2015, it appears
that the petitioners had joined to their respective services on 01.12.2012. A
proposal has been initiated by the District and Collector, South Tripura,
Belonia in the year 2022(21.02.2022) to regularise the services of eight
numbers of Daily Rated Workers including the petitioners. But till now, their
services have not been regularised.
Ms. Debbarma, learned counsel for the petitioners has submitted that
the services of all the Daily Rated Workers whose names appeared in the
communication dated 21.02.2022 have been regularised, but the services of
the petitioners appearing at serial nos.6, 7 and 8 have not been regularised
most illegally and arbitrarily. Ms. Debbarma, learned counsel has
strenuously argued that it is a clear case of discrimination and violation of
Articles 14 and 16 of the Constitution of India.
On the other hand, Mr. Debbarma, learned Addl. G.A for the State-
respondents submits that the policy for regularisation of DRWs has been
repealed in the year 2018. At present, no policy for regularisation of Daily
Rated workers exists and in view of this, the present petition is liable to be
dismissed.
I have considered the submissions of learned counsel appearing for
the parties.
It is settled proposition of law that regularisation is not a matter of
right but a right to be considered. However, it is found in the instant case
that the respondent no.4, DM & Collector, South Tripura, Belonia has
considered regularisation of Sri Abhijit Das, Sri Kamal Deb, Sri Rajib
Debnath, Sri Bimalendu Tripura and Sri Asis Debnath as per the direction of
the Court. If same principle is applied, then, regularization of the services of
the petitioners also may be considered. In the communication dated
21.02.2022 Among the 8(eight) nos. DRWs, Sl. No.1 to 5
, it is stated that “
have already been completed their 10(Ten) years of DRW period . So, it is
”
evident that though there is no policy for regularisation of DRWs, at this
moment, but the DM and Collector, South Tripura, Belonia while
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regularizing the above 5(five) names under communication dated
21.02.2022 has considered that they completed 10(ten) years of service as
DRW.
In view of this, I direct the respondents, particularly the DM &
Collector, South Tripura, Belonia to consider the regularisation of the
services of the petitioners since they have already completed 10(ten) years of
service.
The process shall be completed within 3(three) months from today.
With the above observation and direction, the instant petition stands
allowed and disposed.
JUDGE
Rohit