The main legal point established is that under the Employees State Insurance Act, 1948, the petitioners are considered State Government employees entitled to service benefits at par with other State Government employees.

Heard Mr. K. Nath, learned counsel appearing for the petitioners. Also heard Mr. D. Sharma, learned Addl. G.A. appearing for the respondents No.1, 2, 3 and 4 and Mr. K. K. Pal, learned counsel appearing for the respondent No.5, Director General of ESI Corporation.

2. All these writ petitions being WP(C) No.06 of 2017 (Sri Lokesh Debnath Vs. The State of Tripura), WP(C) No.07 of 2017 (Sri Manoj Debbarma Vs. The State of Tripura), WP(C) No.08 of 2017 (Smt. Swapna Rani Acharjee Vs. The State of Tripura), WP(C) No.09 of 2017 (Sri Sudip Chakraborty Vs. The State of Tripura), WP(C) No.10 of 2017 (Sri Partha Deb Vs. The State of Tripura), WP(C) No.11 of 2017 (Sri Prasanta Saha Vs. The State of Tripura) and WP(C) No.12 of 2017 (Smt. Tanuja Debbarma Vs. The State of Tripura) are combined for disposal by a common judgment inasmuch as in all these writ petitions, Memorandum under No.F.3(7)/ESTT/ESI/AGT/09/5063-68 dated 18.05.2016 (Annexure-P/20) has been challenged. For purpose of reference the entire text of the said Memorandum dated 18.05.2016 is extracted hereunder:

GOVERNMENT OF TRIPURA

LABOUR DEPARTMENT

NO.F.3(7)/ESTT/ESI/AGT/09/5063-68 Dated, Agartala, the 18th May, 2016 MEMORANDUM

Sub :- Remuneration of employees under ESI Dispensary, Agartala The issues of drawl of salary of the staff engaged in ESI Dispensary has been under consideration in conformity with the guiding principles of the State Government and accordingly the issue was referred to the Finance Department, Government of Tripura.

2. The decision of the Finance Department, Government of Tripura on the above issue has been communicated vide U.O. No.2076/FIN/(B)/16, dated 11.04.2016 as under.

(a) The remuneration of employees under ESI should not be drawn from State Treasury as ESI dispensary of the State is being run as per deed agreement between ESI Corporation and State Government of Tripura and therefore the employees engaged for ESI dispensary should not be treated as State Government employee.

(b) The staffs of RSI are not eligible to contribute in GPF as GPF Rules are not applicable for them.

(c) The state share may be released by Finance Department in Grant-in-aid as per requirement of the Department.

3. All concerned are, therefore, requested to take appropriate action in the light of aforesaid decision of the Government in Finance Department.

(K. Jamatia)

Deputy Secretary

Government of Tripura

3. There is no dispute that pursuant to the advertisement under No.F.27(89)/LGW/2008/6076 dated 28.08.2008 all the petitioners were appointed pursuing a due selection process in various posts in the Employee State Insurance (ESI) dispensary, Agartala. Initially, the petitioners were appointed by the memorandum dated 27.12.2008. Thereafter by the memorandum under No.F.1(1)-ESI/ESTT/APTT/2014/5339-52 dated 10.04.2014 issued by the Administrative Medical Officer (Labour Commissioner), Government of Tripura, all the petitioners were given the regular pay scale on completion of the 5 (five) years of service without break. For purpose of reference the entire memorandum dated 10.04.2014 is extracted hereunder:

Government of Tripura

Labour Directorate

No.F.1(1)ESI/ESTT/APTT/2014/5339-52

10th April, 2014

MEMORANDUM

In pursuance of the Finance Department Memo. No.F.10(2)-FIN(G)/05/Part-I dated 16th October, 2007, the following Group-C & Group-D employees are hereby allowed regular pay scale on the date of completion of 5 (five) years service without break against their names. The date of entitlement of regular pay scale, pre-revised pay scale and revised pay band, grade pay and date of next increment are shown at col.3, 4, 5, 6 and 7.

Sl. No.	Name of the Group-D (fixed–pay) employees	Date of joining	Date of Entitlement of regular Pay scale	Pre-revised pay scale	Revised Pay band and grade pay	Date of next increment
1	2	3	4	5	6	7
1.