The court affirmed that prior service as casual workers must be counted towards eligibility for regularization as Daily Rated Workers under government policies.

JUDGMENT :

S. DATTA PURKAYASTHA, J.

Heard Mr. P. Roy Barman, learned senior counsel assisted by Mr. S. Bhattacharjee, learned counsel and Mr. K. Nath, learned counsel appearing for the petitioners. Also heard Mr. M. Debbarma, learned Addl. G.A. appearing for the respondents-State.

2. It is the case of the petitioners that the petitioner No.1 was engaged as a casual worker from 14.09.2005 to 18.03.2010 at Residential School, Kumarghat, North Tripura under Tripura Tribal Welfare Residential Educational Institutions Society [in short, TTWREIS] under the respondent Nos.2, 3 and 4. Similarly, petitioner No.2 was engaged as a casual worker in the Residential School, Birchandra Nagar, Santirbazar, South Tripura under TTWREIS from 27.09.2005 to 18.03.2010. Thereafter, vide memorandum dated 15.02.2010 issued by respondent No.2 (Annexure-3 to the writ petition), offer of appointment to the post of Group-D on fixed pay basis were issued to certain persons and both the petitioners, along with 10(ten) other persons were also offered appointments to the post of Group-D as DRW (Daily Rated Worker) basis.

3. Accordingly, as per the memorandum dated 09.03.2010 (Annexure-4 to the writ petition), petitioner No.1 joined as a DRW on 18.03.2010 and petitioner No.2 joined as DRW on 17.03.2010. Along with them two other casual workers, namely, one Sri Upendra Tripura and Sri Senchandra Tripura also joined as DRWs on 17.03.2010 and 18.03.2010 respectively.

4. Meanwhile, according to Mr. Barman, learned senior counsel keeping in view of the directions issued by the Hon’ble Supreme Court of India in a case in between Secretary, State of Karnataka and Others versus Umadevi (3) and Others reported in (2006) 4 SCC 1 , the State Government issued two notifications regarding the regularisation of such DRWs/casual workers/contingent workers upon completion of their 10(ten) years of service, vide memorandum dated 01.09.2008 and 21.01.2009 and another notification dated 03.01.2014 (Annexure-8, 9 and 10 respectively) for the regularisation of such DRWs and casual workers on completion of their 10(ten) years of service. Thereafter, vide memorandum dated 31.07.2018 (Annexure-11 to the writ petition), the State Government withdrew the said scheme of regularisation by way of repealing the above-mentioned two notifications dated 01.09.2008 and 21.01.2009 along with other related notifications. Learned senior counsel also contends that if the initial engagement as casual worker is taken into account, then before such withdrawal of said scheme by the State Government, both the petitioners and said Sri Upendra Tripura, Sri Senchandra Tripura and some others had completed their 10(ten) years of services as both casual worker and DRW, however, their services were not regularized, notwithstanding the fact that they were all engaged against vacant Group-D post on a DRW basis.

5. Thereafter, said Sri Upendra Tripura and Sri Senchandra Tripura filed WP(C) No.860 of 2021 before this Court praying for regularisation of their services as Group-D employee and a coordinate bench of this Court vide judgment dated 15.03.2022 (Annexure-15 to the writ petition) passed the following order :

“23. Having appreciated the submissions of the learned counsel appearing for the parties and having taken note of the proposal sent by the Tripura Tribal Welfare Residential Educational Institutions Society vide Note No.19 [as reproduced], this court is of the view that the respondents shall consider the regularisation of the petitioners in the post of Cook cum Mashalchi/Watchman in the scale of pay of Rs.4,840-13,000/- GP-1,400/- under Tripura State Pay Matrix, PB-1 Cell-1, Level-1, Entry pay-Rs.16,000/-, not in terms of the policy of the government which have been repealed but for their completing of their ten years of service as the Daily Rated Worker. From the Note No.19, it is evident that the competent authority in the Society has taken the responsibility of finance, as may be required for such regul