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HIGH COURT OF TRIPURA AGARTALA
S. DATTA PURKAYASTHA
Tripurna Joy Tripura, S/o. Rupajoy Tripura – Appellant
Versus
State of Tripura, To be represented by the Secretary, Tribal Welfare Department, Government of Tripura – Respondent
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), petitio
The court affirmed that prior service as casual workers must be counted towards eligibility for regularization as Daily Rated Workers under government policies.
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.
Welfare policies for employee regularization must be applied fairly to long-serving workers, emphasizing equitable treatment irrespective of technical cutoff dates.
Policy for regularization must honor prior engagements if criteria are met, despite subsequent changes in policy restricting claims.
The court established that employees cannot claim regularization unless they are working against sanctioned posts, as per the Jharkhand Regularization Rules of 2015 and 2019.
Long service on a contractual basis does not confer a right to regularization or equal pay as per established legal principles.
The main legal point established in the judgment is that the petitioner's long service as a Trained Graduate Teacher against a substantive vacant post and the Government's decision to declare the non....
Regularization of illegal appointments and entitlement to monetary benefits must be determined in accordance with the statutory provisions, relevant case laws, and government orders. Part-time employ....
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