IN THE HIGH COURT OF TRIPURA

A G A R T A L A

W.P.(C) No.178 of 2025

Sri Asis Debnath,

son of late Sachindra Debnath, resident of village- Sarashima, Belonia, South Tripura,

PIN-799155

……… Petitioner(s)

– V e r s u s –

1. The State of Tripura,

represented by the Secretary, Department of Revenue, Government of Tripura, New Secretariat Building, New Capital Complex, Kunjaban, P.S. New Capital Complex,

Agartala, West Tripura, PIN-799010

2. The Secretary

Department Finance, Government of Tripura, New Secretariat Building, New Capital Complex, Kunjaban, P.S. New Capital Complex, Agartala, West Tripura,

PIN-799010

3. The Under Secretary

Revenue Department, Government of

Tripura

4. The DM & Collector,

South Tripura District, Belonia

…….. Respondent(s)

For the Petitioner (s) : Mr. P. Roy Barman, Sr. Adv.

Ms. A. Debbarma, Adv.

For the Respondent (s) : Mr. D. Sarma, Addl. GA

Date of hearing : 23.09.2025

Date of delivery of : 16.12.2025

Judgment & order

YES NO

Whether fit for reporting :

√

HON’BLE MR. JUSTICE S.D. PURKAYASTHA

JUDGMENT & ORDER

The petitioner was initially engaged as a Casual Worker

on 26.12.2011 by the District Magistrate & Collector, South Tripura,

in his establishment, which was later on, approved by the State Government and thereafter, by memorandum dated 29.06.2015, the District Magistrate & Collector, South Tripura engaged the petitioner along with other 7[seven] persons as Daily Rated Worker [DRW] with effect from the date of their respective joining as Casual Worker. Since then, the petitioner has been discharging his duties as a Caretaker [Group-D]. It is stated that he was engaged against the duly sanctioned post, which is evident from the letter dated 17.05.2014, issued by the DM & Collector, South Tripura to the State Government seeking approval for their engagement as DRW.

[2] The District Magistrate & Collector, South Tripura, thereafter sent another letter dated 21.02.2022, referring to his earlier letter dated 17.11.2021, for according necessary approval for regularization of above said 8[eight] DRWs posted in his office. The name of the petitioner was reflected against Sl. No.5. The State Government, in turn, vide letter dated 23.03.2022 asked the District Magistrate & Collector to follow the memorandum dated 31.07.2018 of Finance Department whereby the scheme of regularisation of DRW/Casual Worker/Contingent Worker were withdrawn by State. In the list of 8[eight] persons as proposed by the District Magistrate & Collector, South Tripura for regularisation, the name of the petitioner No.1 was placed at serial No.5 and below him, other three persons were Smt. Runu Majumder (Baidya), Smt.

Juthika Chakraborty and Sri Rajib Nath.

[3] After rejection of such a proposal by the State Government, other 5[five] DRWs including the petitioner [except those 3 persons] filed W.P.(C) No.383 of 2022 in this High Court praying for regularization of their services and also for equal pay, like other regular Group-D employees. The said writ petition was dismissed by the learned Writ Court with an observation that the appointments of the petitioners were illegal and dehors the constitutional scheme. The learned Writ Court also relied on the decisions of the Hon’ble Supreme Court in cases of Secretary, State of Karnataka and Ors. vs. Umadevi (3) & Ors., (2006) 4 SCC 1, National Fertilizers Ltd. vs. Somveer Singh, (2006) 5 SCC 493 and Renu vs. District & Sessions Judge, Tis- Hajari, (2014) 14 SCC 50. This way both the prayers for regularization and equal pay were turned down by the learned Writ Court.

[4] The present writ petitioner only thereafter preferred an appeal before the Division Bench bearing No.W.A.32 of 2024 and the Division Bench, while disposing the matter, observed that if the writ petitioners had been engaged on daily-rated basis or contractual basis against a vacant sanctioned post and had continued for more than 10 years of service, their cases for minimum scale of pay required consideration at the level of competent authority and accordingly, the