Regularization of Part Time Workers to Daily Rated Workers is based on existing governmental schemes, and no legal basis exists to backdate regularization before such schemes were introduced.

JUDGMENT

Heard Mr. P. Roy Barman, learned Sr. counsel assisted by Mr. K. Nath, learned counsel appearing for the petitioner as well as Mr. M. Debbarma, learned Addl. G.A. appearing for the State-respondent and Mr. N. Majumder, learned counsel appearing for respondents- Tripura State Electricity Corporation Limited.

2. The simple case of the petitioner is that he was initially engaged as Part Time Worker w.e.f. 23.12.1997. The petitioner has prayed for regularization of his service on completion of 10 years of service in the post of Group-D. It is pertinent to mention herein that, the petitioner along with other Part Time Workers had filed writ petitions before the Hon’ble High Court. While disposing of those writ petitions, this Court had directed the respondents to constitute a committee to consider the cases of the petitioners for their regularization or absorption as DRWs or in the post of Group-D according to their entitlement. The committee was accordingly constituted. The petitioner along with others submitted representations. The official records relating to each of the petitioners including the present petitioner were examined by the constituted committee. The committee on such examination and verification of the records submitted its report to the concerned Departments.

3. In pursuance of the report of the committee, the respondents No.2, 3 & 4 had issued an office order dated 20.07.2019 (Annexure-11 to the writ petition) engaging/absorbing the petitioner as DRW (Group-D) categorically w.e.f. 01.12.2012 as per memorandum dated F.10.12-FIN(G)2007(Part-I) of 07.11.2012 of the Finance Department, Government of Tripura and financial effect was given prospectively. The petitioner has sought for his absorption as DRW w.e.f the date he completed 10 years of service as Part Time Worker.

4. This Court is constrained to observe that, at the relevant point of time, there was scheme for such upgradation from Part Time Worker to Daily Rated Worker. The Government of Tripura had come up with a scheme for absorption of all Part Time Workers who had completed 10 years of service vide memorandum dated 07.11.2012 as stated above. According to the said memorandum dated 07.11.2012, the Part Time Workers who had completed 10 years for service, their services would be regularized w.e.f. 01.12.2012.

5. In view of such scheme introduced by the Government vide memorandum dated 07.11.2012, in my opinion, the absorption of the petitioner as DRW w.e.f. 01.12.2012 does not suffer from any illegalities. The petitioner has sought for regularization of his service w.e.f. the date of joining as Part Time Worker i.e. from the year 1997 and completed his 10 years of service in the year 2007, when there was no scheme at all for such upgradation from Part Time Worker to Daily Rated Worker. As such, I find no illegality in issuing the Office Order dated 20.07.2019, absorbing the petitioner as Daily Rated Worker w.e.f 01.12.2012.

6. Having viewed thus, the instant writ petition stands dismissed being devoid of merit.