ARCHANA DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The petitioner has prayed for her regularization with effect from 01.10.2010 and grant of scale of pay of Rs.5310-24000/- with a Grade Pay of Rs.1800/- with the further prayer that she should be granted the benefit of 1st ACP with effect from 01.10.2015.

(2.) The case of the petitioner is that she along with respondent No.6, Smt. Annalaxmi Tripura were appointed as DRW (Group-C) under Sabroom Nagar Panchayat in December, 1997. In October, 1999, services of the petitioner and respondent No.6 were converted into fixed pay basis with effect from 01.10.1999. In the year 2005, Sabroom Nagar Panchayat invited applications for filling up two posts of LDC. The petitioner applied in response to the said requisition and she was appointed on the said post as a UR category candidate on 01.10.2005 on fixed monthly salary of Rs.2,145/-. The Sabroom Nagar Panchayat sent proposal for regularization of the service of the DRWs, Casual and Contingent workers on completion of 10 years of service as on 31.03.2008 to the Director of Urban Development Department, Government of Tripura under a letter dated 20.11.2009. Name of the petitioner was included in the said list. Name of Smt. Annalaxmi Tripura was also in the said list. Yet another proposal was made by the Panchayat for the same purpose on 01.07.2013. Despite this, the petitioner's service was not regularized. She, therefore, made a representation to the Director of Urban Development Department on 30.10.2013. The petitioner points out that Smt. Annalaxmi Tripura has been granted regular pay scale with effect from 01.10.2010. Upon completion of 5 years of continuous service, the petitioner has neither been granted regular pay scale nor given benefit of 1st ACP, which is provided to respondent No.6. It is in this background that the petitioner has made above noted prayers.

(3.) The respondents have appeared and filed reply in which mainly it is stated that though proposals were sent by the Panchayat for regularization of the service of the petitioner, the same could not be accepted. It is pointed out that Smt. Annalaxmi Tripura was appointed in the post of LDC under O.M. dated 27.09.2005 against reserved post for ST candidate. In due course, she was granted regular pay scale and also the benefit of 1st ACP as par the policy of the Government. However, with respect to the petitioner, she was engaged against a post for which vacancy was created due to promotion of one Sri Gopal Chandra Majumder to the post of UDC from the post of LDC. It is pointed out that in Sabroom Nagar Panchayat there was no sanctioned post of UDC and therefore promotion of Sri Gopal Chandra Majumder was not permissible and was cancelled. It was on account of un-authorized promotion of Gopal Chandra Majumder that Sabroom Nagar Panchayat had treated the post of LDC as vacant whereas such vacancy never arose. On account of such developments, subsequently, Sabroom Nagar Panchayat has also sent a proposal for creation of a post of LDC on which the petitioner could be regularized.