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ARINDAM LODH
Swarup Saha – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
Since common question of facts and law are involved, both the writ petitions are taken up together for disposal at the admission stage itself.
2. Heard Mrs. S. Deb (Gupta), learned counsel appearing for the petitioners. Also heard Mr. D. Sharma and Mr. M. Debbarma, learned Addl. G.A. appearing for the State-respondents.
3. The petitioners herein, have prayed for their regularization upon completion of 10 years of service as casual workers under the respondents.
4. Facts in brief are that the State of Tripura has introduced a scheme for regularization of the service of Daily Rated Workers (DRW), Casual, Contingent, etc. workers who had completed 10 years of continuous service under the State-respondents or its instrumentalities. In WP(C) No.210 of 2021, the petitioner No.1 was engaged on 01.01.2005 and the petitioner No.2 was engaged on 25.05.2006 as casual workers. In WP(C) No. 211 of 2021 the petitioner No.1 was engaged on 09.10.2003, petitioner No.2 was engaged on 13.10.2003 and the petitioner No.3 was engaged on 01.01.2004 as casual workers under the Tripura Institute of Technology, one of the educational institutions under the Directorate of Higher Education, Govt. of Trip
Regularization of casual workers after 10 years of service is mandated under government schemes, emphasizing equality and non-discrimination irrespective of engagement dates.
The continuation of service and accrued rights entitles a Daily Rated Worker to regularization, notwithstanding policy repeal.
The court affirmed that prior service as casual workers must be counted towards eligibility for regularization as Daily Rated Workers under government policies.
Policy for regularization must honor prior engagements if criteria are met, despite subsequent changes in policy restricting claims.
The court established that the arbitrary denial of regularization of services for Daily Rated Workers after ten years of service violates principles of equality and non-discrimination in employment.
Employment and Service matter - Regularization of Service - Benefits of - Ability of Municipal Council and Panchayats to pay regular scales to temporary staff irrespective of existence of vacancies, ....
Welfare policies for employee regularization must be applied fairly to long-serving workers, emphasizing equitable treatment irrespective of technical cutoff dates.
The court emphasized the need for equal treatment of contingent workers under a regularization scheme and directed timely compliance for the petitioner's rightful promotion.
Petitioner's eligibility for regularization is affirmed based on service duration and prior government schemes, reinforcing principles of equity and fair treatment in employment.
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