REKHA HARIJAN Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. R. Datta, learned counsel appearing for the petitioner as well as Mr. P. K. Dhar, learned Sr. G.A. assisted by Mr. A. De, learned counsel appearing for the respondents.

(2.) By means of this petition filed under Art. 226 of the Constitution of India, the petitioner has urged this court for directing the respondents to regularize her service in the post under Group-D category for completion of ten years service, with all service benefits including the back wages and seniority with effect from 1/7/2009. The petitioner has asserted that the petitioner belongs to the Scheduled Cast (SC) Community and she was engaged as the Contract Based Worker (CBW) with effect from June, 1999. In this regard, an informative table formed by the respondents [Annexure-4 to the writ petition] has been relied by the petitioner. From the said table, it can be derived that the petitioner was engaged as CBW. Similarly situated persons namely Arati Debnath and Nikunja Debnath (both CBWs) who were junior to the petitioner had been regularized in the Group-D post under direction from this court and in terms of the memorandum dtd. 1/9/2008.

(3.) Mr. Datta, learned counsel appearing for the petitioner has referred to a decision of this court reflected in the judgment dtd. 11/9/2017 passed in a batch of writ petitions being W.P.(C)13 of 2017, W.P.(C)14 of 2017 and W.P.(C) No.15 of 2017. In the said judgment, it has been observed as follows: