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A. LODH, S. G. CHATTOPADHYAY
State of Tripura – Appellant
Versus
Laxmi Rani Sarkar @ Laxmi Sarkar – Respondent
JUDGMENT
A. Lodh, J. - Heard Mr. M. Debbarma, learned Addl. Government Advocate appearing for the appellant- State of Tripura. Also heard Ms. R. Purkayastha, learned counsel appearing for the respondent- petitioner and Mr. B. Mujumder, learned Asst. S.G. on behalf of respondent- Union of India.
2. This intra-court appeal is directed against the judgment and order dated 29.06.2019 passed by the learned Single Judge in connection with case No. WP(C) 219/2018 [Smti. Laxmi Rani Sarkar @ Laxmi Sarkar v. State of Tripura and others].
3. The facts as projected by learned Single Judge may be reproduced hereinbelow:
'.......2. It appears from the records that the petitioner had retired from service on 31.05.2018, her date of superannuation. As the Finance Department, Government of Tripura, (respondent No. 3) has regretted the regularization of the petitioner, she has challenged the said decision to pave the way for issuance of mandamus in terms of the above.
3. The petitioner was engaged as the daily rated worker (DRW) initially by the memorandum No.F.10(10-1)/80 dated 28.09.1981. The petitioner had reported to her duties to the Project Implementing Committee, Khowai Border Area Project and cont
Employees are entitled to regularization under government policy when they meet the criteria for continuous service despite mechanical breaks.
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 ruled that artificial breaks in service should not prevent the counting of past service for pension calculations, affirming the petitioner's entitlement to her pensionary benefits.
Completion of ten years of service gives a right to regularization, which cannot be negated by subsequent policy changes unless misconduct is proven.
Employees seeking regularization must prove alignment with established criteria and demonstrate identical duties to claim parity in pay under the law.
The entitlement to pensionary benefits for long-serving employees, even if initially appointed on a temporary basis, and the obligation of the State to provide minimum benefits for dedicated service.
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