Advocates:
['SAMARJIT BHATTACHARJEE', '', 'P ROY BARMAN', 'KAWSIK NATH', 'ASST SG', '', 'Mr P CHAKRABORTY', 'BISWANATH MAJUMDER']

HIGH COURT OF TRIPURA

AGARTALA

WP(C) 1156 of 2018

1.

Sri Sankar Laskar,

son of Late Hirendra Chandra Laskar,

resident of Krishnanagar, Supari Bagan, Agartala,

District: West Tripura, PIN: 799001

----Petitioner(s)

Versus

1.

The Union of India,

Department of Ministry of Civil Aviation,

represented by Principal Secretary,

Rajiv Gandhi Bhawan 110003, Block B,

Safdarjung Airport Area, Vasant Vihar,

New Delhi, PIN- 110057

1.(A) Air India Limited,

represented by Chairman-cum-Managing Director,

Airlines House, 113, Gurudwara Rakabganj Road,

New Delhi- 110001

2.

The Chairman-cum-Managing Director

Air India Limited, Airlines House,

113, Gurudwara Rakabganj Road, New Delhi -110001

3.

The Executive Director,

Air India Limited, Airlines House,

113, Gurudwara Rakabganj Road,

New Delhi- 110001

4.

The Regional Director (East),

Air India Limited, Airlines House,

39, Chitta Ranjan Avenue, Kolkata-12

5.

The General Manager (Commercial),

Air India Limited, Airlines House,

39, Chitta Ranjan Avenue, Kolkata-12

6.

The General Manager (Personnel),

Air India Limited, Airlines House,

39 Chitta Ranjan Avenue, Kolkata-12

7.

The Station Manager,

Air India Limited, Palace Compound,

Agartala, West Tripura, PIN- 799001

---- Respondent(s)

Page 2 of 10

For Petitioner(s)

: Mr. S. Bhattacharjee, Adv.

For Respondent(s)

: Mr. P. Chakraborty, Adv.

Date of hearing &

date of

delivery of

judgment and order

: 15.02.2021

Whether fit for reporting : YES

HON’BLE MR. JUSTICE S. TALAPATRA

Judgment & Order

By means of this writ petition, the petitioner has urged this

court for directing the respondents to frame a scheme for regularization

so that the service of the petitioner can be regularized in the post of

helper/peon under the respondents. Further, the petitioner has urged

for directing the respondents to re-engage the petitioner in the post of

helper/peon and to allow him continue in the engagement till his

regularization in the post of helper/peon is made.

[2]

The petitioner had been serving under the respondents

since 1989 as casual helper/peon. From a letter dated 24.03.1996,

[Annexure-1 to the writ petition], it surfaces that Station Manager,

Indian Airlines Ltd. furnished a list of causal workers, working at

Agartala station, for absorption. In the said list, the name of the

petitioner figures at serial no.2. Even by a letter dated 16.04.2002

[Annexure-2

to

the

writ

petition],

details

of

casual/daily

rated/contractual employees were forwarded to the General Manager

(Personnel), Indian Air lines Ltd., East Region, Kolkata. Further, by a

letter dated 10.11.2004, the names of the casual workers were sent to

the General Manager (Finance) India Airlines, Eastern Region. But the

Page 3 of 10

said letter is related to grant of bonus. The petitioner has further

averred that it would be apparent from the communication dated

25.08.2005 (Annexure-4 to the writ petition) that his year of

engagement i.e. 1989 has not been disputed by the respondents.

Reference has been made in the writ petition to an intra-office

communication dated 30.08.2006 in respect of regularization of the

petitioner.

[3]

Having considered the relevance of the letter dated

30.08.3006 as issued by the office of the General Manager (Personnel)

for regularization of services of the casual worker, the text of the said

letter is reproduced hereunder:

“Please refer to your letter No. HPD01/H-3001 dated

24/08/2006 on the above subject.

We would like to inform you that Shri Sankar Laskar is

being engaged as casual helper in City Booking office at

Agartala from 1989. It has been observed from the

records that upto the 2000, he was being engaged

intermittently as and when required. But from 2001 he is

being engaged at the CBO. Agartala (which functions on

all days in the week) more or les