SARBESH SARKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Petitioners have prayed for a direction to the respondents to release the pay and allowances in the regular scale from the date of their regularization on notional basis. This prayer arises in following background:-

(2.) The petitioners were engaged as full time casual workers by the department of Government of Tripura. The State Government had formulated a policy for regularization of DRW and full time casual workers circulated under memorandum dated 21.01.2009. The petitioners were entitled to be regularized in terms of the said policy upon completion of 10 years of service as full time casual workers. Since the department did not take any action for regularization of the petitioners, they filed WP(C) No.41 of 2017 and connected petitions before the High Court. These petitions were disposed of by a common judgment dated 11.07.2017 in which the Court gave following directions:-

(3.) Pursuant to the said directions, the department first issued an order dated 12.01.2018 granting regularization to the petitioners and placing them in the regular scale, however, with prospective effect. Thus, by the said order of regularization dated 12.01.2018 the respondents neither granted regularization from the due date nor allowed the benefit of pay and allowances for the past period. Complaining that the said order was not in consonance with the decision of this Court dated 11.07.2017 in the above mentioned group of petitions, these petitioners filed contempt petition being Cont.Cas(C) No.29 of 2018. During the pendency of the contempt petition, the respondents passed a fresh notification dated 14.06.2018 recording the approval of the Government for regularization of the petitioners. They would be allowed regular scales of pay on completion of 10 years of service with retrospective effect. Pursuant to the said approval of the Government mentioned in the said notification dated 14.06.2018 the respondents passed a formal order dated 20.06.2018 granting regularization to the petitioners upon completion of 10 years of service with retrospective effect from the dates mentioned in the said order. All the petitioners were granted different dates of regularization depending on their initial engagements. Accordingly, all the petitioners were regularized with retrospective effect upon completion of 10 years of their initial engagements. The respective dates of regularization of the petitioners were in the range of 01.02.2013 to 01.07.2013.