HIGH COURT OF TRIPURA

AGARTALA

W.P.(C) No.98 of 2025

Sri Tapas Nag, aged about 53 years,

S/O Late Dulal Nag,

R/O-Fulkumari, Udaipur,

P.O.-Fulkumari, P.S.-R.K. Pur,

District- Gomati Tripura, Pin-799120.

….Petitioner(s).

Versus

1. The State of Tripura,

Represented it’s By Principal Secretary,

Department of Fisheries, Govt. of Tripura, P.O.-Kunjaban, P.S.-New Capital Complex,

District-West Tripura, Pin-799010.

2. The Director of Fisheries, Govt. of Tripura, P.N. Complex,

Gorkhabasti, P.O.-Kunjaban, P.S.-New Capital Complex,

District- West Tripura, Pin-799010.

3. The Superintendent of Fisheries,

Govt. of Tripura, Amarsagar Par,

P.O. & P.S.- R.K. Pur,

District- Gomati Tripura, Pin-799120.

….Respondent(s).

For Petitioner(s) : Mr. Ankan Tilak Pal, Adv.

For Respondent(s) : Mr. Karnajit De, Addl. G.A.

Date of Hearing : 16.12.2025

Date of delivery of

Judgment and Order : 20.12.2025

Whether fit for

Reporting : YES/NO

HON‟BLE MR. JUSTICE BISWAJIT PALIT

Judgment & Order

Heard Learned Counsel, Mr. A. T. Pal appearing on

behalf of the petitioner and also heard Learned Addl. G.A., Mr.

K. De appearing on behalf of the State-respondents.

02. The writ petitioner has filed the writ petition seeking the following reliefs:

i. Issue notice upon the Respondents.

ii. Call for the records.

iii. Issue Rule calling upon the Respondents to show cause as to why the Petitioner shall not be regularized as permanent labour from the next date of completion of 10 years of service in terms of the Memorandum dated 21.01.2009.

AND Issue rule calling upon the Respondents to show cause as to why the Petitioner shall not be granted all service benefits including the arrears of financial benefits pursuant to the regularization of the Petitioner.

iv. And after hearing the parties be pleased to make the rule absolute. AND/OR Pass any other order/orders as deemed fit and proper.

AND For this act of kindness your humble petitioner as in duty bound shall ever pray.

03. At the time of hearing, Learned Counsel for the petitioner first of all drawn the attention of the Court referring a communication dated 02.07.2007 written by the Superintendent of Fisheries to the Director of Fisheries (Annexure-1) wherein it was specifically mentioned by the Superintendent that the present writ petitioner was discharging his duties as a casual worker to the said department w.e.f. 05.12.1999 as a casual labour without any concurrence of the Finance Department. Learned Counsel further submitted that since 1999 to 2023, the petitioner continued his job in the said post as casual labour without any regularization. In this regard, Learned Counsel referred another communication dated 02.05.2023 (Annexure-2) written to Director of Fisheries, by the Superintendent of Fisheries, wherein it was specifically mentioned that the department had sent a list to the Directorate and out of 10 nos. of casual workers 7 nos. were regularized as permanent labour vide departments memorandum dated 28.04.2008 but the petitioner and two others were not regularized inspite of rendering his job as a casual worker and in this regard, inspite of repeated approach no step was taken by the department. Learned Counsel further submitted that the case of the petitioner is squarely covered by the memorandum dated 21.01.2009 of the Department of Finance, Government of Tripura (Annexure-3). It was further submitted that the casual workers who in the same department joined much later than the present petitioner have been regularized and provided the service benefit and out of those workers one Md. Rafiqul Islam joined on 10.04.2002, Sri Sadhan Das joined on 02.01.2000 and Sri Amalesh Das joined on 10.04.2002. So, under compelling circumstances the petitioner has been compelled to file this writ petition before this Court. Learned Counsel for the petitioner, Mr. A. T. Pal further drawn the attention of the Court that the notification dated 31.07.2018 of the Finance Department relied upon by the State-respondents would not affect the case of the present petitioner and