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IN THE HIGH COURT OF TRIPURA AT AGARTALA
S. DATTA PURKAYASTHA
Sebika Tripura W/o Nandi Kumar Tripura – Appellant
Versus
State of Tripura – Respondent
JUDGMENT :
S. DATTA PURKAYASTHA, J.
1. Heard Mr. P. Roy Barman, learned senior counsel appearing for the petitioners as well as Mr. D. Sarkar, learned counsel appearing for the State-respondent nos.2 to 6.
2. Mr. Roy Barman, learned senior counsel submits that the petitioners were engaged as DRWs (Group-D) vide memorandum dated 15.02.2010 (Annexure-1) issued by Tripura Tribal Welfare Residential Educational Institutions Society [in short, TTWREIS] and the petitioners along with 08(eight) other persons (in total 12 nos.) were also offered appointments to the post of Group-D on DRW (Daily Rated Workers) basis and accordingly, offer of appointments were also issued vide memorandum dated 16.03.2010 (Annexure-2,3,4 & 5). Thereafter, they joined as DRW either on 17.03.2010 and 18.03.2010 as evident from memorandum dated 09.03.2010 issued by Member Secretary, TTWREIS (Annexure-6).
3. Mr. Roy Barman, learned senior counsel also submits that meanwhile the Government of Tripura in view of the direction issued by Hon’ble Supreme Court of India in Secretary, State of Karnataka and Others Vs. Umadevi & Others, (2006) 4 SCC 1, issued some notifications regarding regularisation of such DRWs/Casual Wo
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.
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 employees cannot claim regularization unless they are working against sanctioned posts, as per the Jharkhand Regularization Rules of 2015 and 2019.
Policy for regularization must honor prior engagements if criteria are met, despite subsequent changes in policy restricting claims.
Irregular employment does not preclude regularization where a clear policy for the regularization of such workers exists, reaffirming legislative intent to remedy historical employment practices.
Regularization of services for employees who have served for over ten years is a right that must be considered by the state, provided there are no valid objections, and the state must adhere to its o....
Completion of ten years of service gives a right to regularization, which cannot be negated by subsequent policy changes unless misconduct is proven.
Welfare policies for employee regularization must be applied fairly to long-serving workers, emphasizing equitable treatment irrespective of technical cutoff dates.
Regularization of casual workers after 10 years of service is mandated under government schemes, emphasizing equality and non-discrimination irrespective of engagement dates.
Daily wage employees who meet the eligibility criteria under the Uttar Pradesh Regularization of Daily Wages Appointments on Group 'D' Posts Rules, 2001, are entitled to be considered for regularizat....
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