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HIGH COURT OF TRIPURA A G A R T A L A

W.P.(C) No.733 of 2024

Smt. Anita Saha wife of Sri Satya Narayan Parial, C/O- Sri Upendra Debnath, resident of Bardowali, Near Manasha Mistanna Bhandar, P.O. & P.S. A.D.

Nagar, District- West Tripura ……… Petitioner(s)

– V e r s u s –

1. The State of Tripura, represented by the Secretary, Directorate of Social Welfare & Social Education, Government of Tripura, Civil Secretariat, New Capital Complex, P.O. Kunjaban, P.S. New

Capital Complex, District- West Tripura

2. The Secretary, Directorate of Social Welfare & Social Education, Government of Tripura, Civil Secretariat, New Capital Complex, P.O. Kunjaban, P.S. New Capital Complex, District-

West Tripura

3. The Director of Social Welfare & Social Education, Government of Tripura, Ujan Abhoynagar,

Agartala, District- West Tripura

4. The Additional Director of Social Welfare & Social Education, Government of Tripura, Ujan Abhoynagar,

Agartala, District- West Tripura 5. Sri Pradip Bhattacharjee,

son of late Haripada Bhattacharjee, resident of Jangalia, P.O. & P.S. Bishalgarh, District-

Sepahijala, PIN-799102

6. Sri Sanjoy Saha, Social Education Organiser, Bishalgarh ICDS

Project, P.O. Bishalgarh, Sepahijala …… Respondent(s)

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For the petitioner (s) : Mr. K. Pandey, Adv.

For the Respondent (S) : M r. M. Debbarma, Addl. G.A.

Date of hearing & delivery of judgment and order : 27.03.2026

Whether fit for reporting : Yes No ✔

HON’BLE MR. JUSTICE S. DATTA PURKAYASTHA JUDGMENT & ORDER [ORAL]

Heard Mr. K. Pandey, learned counsel appearing for the

petitioner and Mr. M. Debbarma, learned Addl. G.A. appearing for the

respondents.

[2] The petitioner was appointed as Social Worker Organizer (Female) on ad-hoc basis vide memorandum dated 30.09.1992 [Annexure-2 to the writ petition] against the sanctioned post. She is continuing her service since then without any break. On 19.07.2001, the State Government issued one memorandum [Annexure-3 to the writ petition] following the judgment of the High Court mentioning that in exceptional circumstances where in the exigency of public service, ad-hoc appointments/promotions are made, same should be limited to one year only and on expiry of one year, the ad-hoc appointment/promotion would automatically be ceased. It was also directed that the departments should regularize all ad-hoc appointments/promotions, in eligible cases, within a stipulated timeframe of 3 (three) months w.e.f. 30.09.2001 which would be the outer limit and if within the said period of 3[three] months in case, any Department was not able to regularize all ad- hoc appointments/promotions, the detailed report should be submitted to the G.A. (P&T) Department within 15^th October, 2001. But the present petitioner

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was neither regularized in her service at that time nor her ad-hoc

appointment was cancelled.

[3] She continues to serve the department and she has also been receiving the regular pay scale against the said post. Again, on 24.12.2018 [Annexure-4 to the writ petition] another memorandum was issued by the State Government mentioning that some employees under various departments/offices were appointed on ad-hoc basis and were kept for a long period without regularisation. Subsequently, the departments approached the G.A(P&T) Department for regularisation of those ad-hoc appointments, defying the earlier instructions and therefore, it was stated that no ad-hoc appointment/promotion should be allowed and on an emergent necessity for allowing ad-hoc appointment, same might be allowed with the prior

concurrence of the G.A. (P&T) Department and Finance Department.

[4] As per the service records of the petitioner, it appears that the department granted her higher pay scale on completion of 10 years of service for not providing any promotion to her. By the memorandum dated 12.04.2010 [Annexure-6 to the writ petition], she was further granted second ACP w.e.f 30.09.2009. The benefit of MACP-3 was also provided to her on completion of