Welfare policies for employee regularization must be applied fairly to long-serving workers, emphasizing equitable treatment irrespective of technical cutoff dates.

JUDGMENT

S. Talapatra, J. - Heard Mr. B. Banerjee, learned counsel appearing for the petitioner as well as Mr. D. Sharma, learned Addl. G.A. appearing for the respondents.

2. By means of this petition, the petitioner has urged this court to regularize his service as Attendant or in the post of similar category following the policy as reflected in the memorandum dated 21.01.2009 [Annexure-2 to the writ petition] and the memorandum dated 04.09.2012 [Annexure-3 to the writ petition] from 12.12.2012, when the junior of the petitioner was so regularized within a stipulated time as may be prescribed by this court. The petitioner has been working as the Attendant Group-D with effect from 01.04.2006 till now. The petitioner is class-VIII passed and he is the sole bread earner of the family. In support of his contention, the petitioner has produced the certificate of the educational qualification along with the vouchers by which his wages are paid by the respondents [Annexure-4 collectively] [pages 25-388]. After such long service, the petitioner approached the respondents for regularization of his service in terms of the memorandum dated 21.01.2009 [Annexure-2 to the writ petition] and the memorandum dated 04.09.2012 [Annexure-3 to the writ petition]. From the communication dated 31.03.2015 [Annexure-6 to the writ petition] it would be apparent that in the grade of Peon and MCW, eight vacancies where the petitioner can be considered are available. But the petitioner has not been considered till date. According to the petitioner, the petitioner is eligible to be regularized in terms of the memorandum dated 21.01.2009 inasmuch as he has completed 10 years of service without any break as the Casual Worker. By the memorandum dated 04.09.2012 the said policy of regularization was extended on the same terms and conditions as laid down in the memorandum dated 21.01.2009.

3. Mr. B. Banerjee, learned counsel, has referred a decision of this court in respect of the Tripura Forest Development and Plantation Corporation Limited where the petitioner is employed as the Casual Worker for all these long years. In Subrata Biswas v. State of Tripura and Ors. [judgment and order dated 04.01.2020 delivered in WP(C) No. 721 of 2018. this court had directed to regularize the service of the petitioner from the next day of his completion of service i.e. 31.05.2012 in a post commensurate to the service he has rendered as the Casual Worker or in a post in the same line or grade and the order in this regard shall be issued within the period of three months from the date when the petitioner shall furnish a copy of the order.

4. Mr. B. Banerjee, learned counsel has stated before this court that the said judgment has been implemented by the respondent No. 5 by appointing Subrata Biswas as the Group-D employee under the said corporation. In the said judgment this court had occasion to observe that:

' ........... a policy had been adopted by the state to regularise DRWs/ Casual/Contingent Workers who were engaged on full-time basis in different departments with or without concurrence of Finance Department other than the Permanent Labourers, Part-time Workers, Anganwadi Workers, Helpers, Home Guards, Teachers and Workers engaged under SSA and other Schemes/programmes. It has been succinctly provided in the said memorandum dated 21.01.2009 as follows:

'The eligible workers will be provided pay scale in the relevant post who has complete 10(ten) years of services (without any break) from the date of joining.'

5. The respondent No. 2 issued another memorandum dated 04.09.2012 [Annexure-3 to the writ petition] and by that memorandum, it had been provide