ARINDAM LODH
Uttam Biswas – Appellant
Versus
State of Tripura – Respondent
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 Ltd.
2. This is a case for regularization of the service of the petitioner in the post of Group-D. The case of the petitioner is that he was engaged as ‘Meter Reader’ under the State Electricity Department on recommendation of the Block Development Officer, Sadar, North Block, Mohanpur vide order dated 14th July, 2003. The petitioner joined his service on 21st July, 2003. The plea of the petitioner is that, in terms of the memorandum dated 21.01.2009, issued by the Government of Tripura, Department of Finance, the petitioner became eligible for regularization against the post of Group-D, since, he completed 10 years of service as Daily Rated Worker. The Deputy General Manager, Mohanpur Electrical Division submitted a list of Daily Rated Workers/Part Time Workers under the Tripura State Electricity Corporation Limited addressed to the Addl. General Manager, Electrical Circle No. IV,
Irregular employment does not preclude regularization where a clear policy for the regularization of such workers exists, reaffirming legislative intent to remedy historical employment practices.
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.
The continuation of service and accrued rights entitles a Daily Rated Worker to regularization, notwithstanding policy repeal.
Policy for regularization must honor prior engagements if criteria are met, despite subsequent changes in policy restricting claims.
Welfare policies for employee regularization must be applied fairly to long-serving workers, emphasizing equitable treatment irrespective of technical cutoff dates.
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, ....
The court ruled on the necessity of equitable treatment in employment regularization, confirming eligibility under the established scheme and the obligation to address disparities in treatment among ....
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.
The court upheld a contingent worker's right to regularization as per the government scheme, ensuring equal treatment and addressing grievances over unequal benefits.
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