RAJU DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Petitioners seek regularization of their services as Junior Engineers (Electrical) in Agartala Municipal Corporation(AMC). These four petitioners were engaged as Junior Engineers on fixed salary basis w.e.f 24th November, 2008, 8th January 2008, 11th April, 2008 and 2nd February, 2009 respectively. They made representations to the AMC to regularize their services and to grant them regular pay scales. AMC in turn approached the Government of Tripura seeking necessary permission in this respect.

(2.) In a detailed note presented on behalf of AMC dated 3rd November, 2017 a copy of which is produced at Annexure - 6 to the petition, the background of engagement of the petitioners on contractual basis has been given. It is further highlighted that they are performing important duty of monitoring the street lights, internal electrification of buildings etc. and their services are essential for smooth functioning of AMC, Electrical Division. It was, therefore, proposed that by giving one time relaxation in the recruitment rules their services may be regularized. However, it appears that there was no positive response from the Government in this regard upon which the petitioners have approached this Court.

(3.) Learned counsel for the petitioners vehemently contended that the petitioners have discharged satisfactory service for over 10 years. Even the AMC is in favour of regularization of their services. The Government may be directed to give necessary permission in this respect. Counsel submitted that the Supreme Court in case of Amarkant Rai v. State of Bihar and Ors. reported in (2015) 8 SCC 265 has elaborately dealt with the Constitution Bench judgment in case of Secretary, State of Karnataka and Ors. v. Uma Devi (3) and Ors. reported in (2006) 4 SCC 1 and the said decision has been explained. He submitted that regularization of employees working for long years is not completely shut out.