NIKUNJA DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) These writ petitions being W.P.(C) No.1431 of 2019 [Sri Nikunja Debnath v. the State of Tripura and Anr.], W.P.(C) No.1432 of 2019 [Smt. Arati Debnath v. the State of Tripura and Anr.] and W.P.(C) No.1433 of 2019 [Sri Kanti Lal Debnath v. the State of Tripura and Anr.] are combined for disposal by a common order inasmuch as the perspective facts and the reliefs as prayed in these writ petitions are identical.

(2.) Mr. D. Sharma, learned Addl. G.A has at the outset submitted that by the common judgment and order dated 11.09.2017 delivered in W.P.(C) No.13 of 2017 [Sri Nikunja Debnath v. State of Tripura and Anr.] and etc., this court had inter alia observed that the petitioners were engaged as the full time casual workers and they had completed 10 years of service in that capacity before 31.03.2008. Hence, they are entitled to be regularized under the memorandum dated 01.09.2008. Denial of such benefits to the petitioners is arbitrary, discriminatory and is against the Government's own policy. Since the petitioners had filed the writ petitions after a long delay, this court denied to give them full financial benefits in term of the memorandum dated 01.09.2008 [Annexure-1 to the said writ petitions]. Thus, the respondents were directed to regularize the petitioners w.e.f. 01.07.2008 as the Group-D employee within a period of 3[three] months from the day when they would receive a copy of the said judgment and order. The respondents were further directed to fix the pay of the petitioners notionally since 01.07.2008 to the day, 3[three] years prior to the filing of the said writ petitions. From the day, three years prior to the filing of the said writ petitions, the petitioners will be entitled to get the financial benefits. The respondents were also directed to pay the arrears pay and allowances of the petitioners in terms of the said direction within a period of 3[three] months from the day when the petitioners shall submit a copy of the said judgment and order. In Para-14 of the said judgment and order, the date of filing of the said writ petitions i.e. 03.01.2017 has been recorded.

(3.) Against the said common judgment and order as it appears from the Note No.1, as produced by Mr. Sharma, learned Addl. G.A. today in this court, that the respondents had preferred the writ appeals but the batch of the writ appeals was dismissed by the common judgment and order dated 04.07.2018 delivered in Writ Appeals No. 59,60 and 61 of 2017.