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HIGH COURT OF TRIPURA AGARTALA
Arindam Lodh, S.G. Chattopadhyay, JJ.
State of Tripura & Ors. - Appellants
Versus
Debasish Majumder - Respondent
WA 463/2020
Decided On : 22-07-2022
| Table of Content |
|---|
| 1. factual background of the respondent's employment (Para 3 , 4 , 5 , 6) |
| 2. claim for pension calculation and regularization (Para 8 , 9 , 10) |
| 3. arguments regarding prior claims and contractual employment (Para 12 , 14 , 15) |
| 4. court's reasoning on employment and service counting (Para 13 , 17 , 18 , 19 , 20) |
| 5. final decision to uphold prior judgment (Para 21) |
JUDGMENT
S.G. Chattopadhyay, J. - The present writ appeal came to be filed against the judgment and order dated 26.09.2019 passed by the learned Single Judge in WP(C) No. 217 of 2019.
2. Heard Mr. D. Bhattacharya, learned Government Advocate appearing for the State-appellants as well as Ms. S. Deb (Gupta), learned counsel appearing for the respondent.
3. The factual context of the case is as under:-
(i) Respondent, Debasish Majumder was initially appointed as an Accountant on 19.02.2004 on contractual basis under the District Rural Development Agency (DRDA), North Tripura at Kailashahar, as it was then. His tenure was later extended till 06.03.2006.
(ii) Thereafter, in 2005, an advertisement inviting applications for filling up various posts on deputation by employees holding analogous posts in Government departments/PSUs/ Stenographers' Service came to be issued on 21.12.2005 under Advertisement No. 2/2005 by Women's Polytechnic run by the Society for Women's Polytechnic, Agartala which was a society registered under the Societies Registration Act, 1860.
(iii) The respondent who is the original writ petitioner applied for the post of Accountant in response to the said advertisement and he was selected for the said post. By Order No. F.1(22)W.POLY. SOCIETY/PPIU/2005/1819-30 dated 02.01.2006, he was engaged as an Accountant on deputation under the Society for Women's Polytechnic, Agartala in the scale of pay of Rs. 5,000-10,300/-. Pursuant to his engagement as an Accountant in the Society for Women's Polytechnic, the Project Director, DRDA by his order dated 17.01.2006 (Annexure R/1 to the writ petition) released him from DRDA, North Tripura in order to enable him to join his new posting in the Women's Polytechnic. Accordingly, the writ petitioner (respondent herein) joined his new assignment in the Women's Polytechnic on 20.01.2006 by submitting his joining report (Annexure-4 to the writ petition).
(iv) Thereafter, by a Notification under No. F.2(374)-DHE/GTCA/07(L)/3945(16) dated 24.03.2010, the Government of Tripura, Department of Education (Higher) had taken over Women's Polytechnic, Hapania with all its assets and liabilities with effect from 01.04.2010 and conferred upon the Women's Polytechnic, Hapania the status of a State Government technical institute under the Education (Higher) Department. As a fall out of the said notification, the registered society for Women's Polytechnic was dissolved with immediate effect.
(v) Pursuant to the said notification dated 24.03.2010 (Annexure-6 to the writ petition), writ petitioner's service was migrated and continued in the capacity of Accountant under Education (Higher) Department. Since he was not regularized in the post, the writ petitioner (respondent herein) after rendering service over a considerable period of time, submitted several representations to the Director, Higher Education, Government of Tripura urging to regularize him in the post of Accountant. But, instead of regularizing him in service, the State Government in the Department of Higher Education by issuing Memorandum No. F.7(235)-DHE/NG/2006(L-2)/1131(4) dated 25.08.2014, engaged him as an Accountant afresh on contractual basis for a period of one year on a consolidated pay of Rs. 24,256/- with effect from 01.04.2014 and he was posted in Women's Polytechnic, Agartala. By a subsequent memorandum dated 01.07.2015, he was re-engaged as an Accountant on contract basis for a further period of 11 months. Aggrieved thereby, he approached this Court by seeking remedy under Article 226 of the Constitution of India in WP(C) No. 349/2015 claiming absorption in t
Past service counts towards pension eligibility for full-time employees despite previous contractual status, aligning with government policy.
Past services rendered by employees as Paid Managers must be recognized for pension and ACP/MACP benefits post-absorption into government service.
The main legal point established in the judgment is that the effective date of permanent absorption is determined by the Cabinet approval, and the petitioner's claim for seniority from an earlier dat....
The Tribunal ruled only the service from regularization post-2006 is valid for calculating pension and benefits due to breaks in service prior to that.
Temporary service may be counted towards qualifying service for pension eligibility, emphasizing continuous service acknowledgment under relevant pension rules.
An employee's service cannot be deemed broken due to the employer's failure to absorb them properly, violating natural justice principles; service must be counted for pension and related benefits.
The petitioner was entitled to the 6th pay revision as applicable to regular employees, as per the judgment in Bihar State Beverages Corporation Limited and Others vs. Naresh Kumar Mishra and Others.
Policy for regularization must honor prior engagements if criteria are met, despite subsequent changes in policy restricting claims.
The main legal point established in the judgment is the interpretation of the Office Memorandum and communication regarding the entitlement to pensionary benefits for services rendered in different i....
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