The petitioner Sri Raimohan Sarkar was engaged as a work charged employee under the Public Works Department, Tripura with effect from 11.12.1959 and while he was working as Meter Reader-cum-Bill Clerk his services were regularised with effect from 21.6.1966.

2. The petitioner retired from service on 30.9.1995. On 20th October, 1981

the Govt of Tripura, Public Works Department issued the memoraodum No.F. 6

(28) PWD(E.11)/78(Annexure 7).

3. In view of the provisions contained in Rule 5(1) and 5 (2), the petitioner filed a representation praying for counting his period as a work charged for the purpose of retrial benefits. As the prayer was rejected by the concerned authority, the present writ petition has been filed for necessary relief.

4. The case of the respondent-State of Tripura is that the petitioner is not entitled to the benefits of clause 5(1) and 5 (2) of the above Rules as he was not a work charged employee on the date on which the Rules came into force and the benefits of Annexure 7 are meant for the work charged of the Public Works Department who were transferred and absorbed vide that memorandum only.

5.1 have heard Shri BB Deb, learned senior counsel for the petitioner and

Click Here to Read the rest of this document