CHANDAN DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. B. Banerjee, learned counsel appearing for the petitioner as well as Mr. D. Sharma, learned Addl. G.A. appearing for the respondents.

(2.) By means of this petition, the petitioner has urged this court to regularize his service as Attendant or in the post of similar category following the policy as reflected in the memorandum dtd. 21/1/2009 [Annexure-2 to the writ petition] and the memorandum dtd. 4/9/2012 [Annexure-3 to the writ petition] from 12/12/2012, when the junior of the petitioner was so regularized within a stipulated time as may be prescribed by this court. The petitioner has been working as the Attendant Group-D with effect from 1/4/2006 till now. The petitioner is class-VIII passed and he is the sole bread earner of the family. In support of his contention, the petitioner has produced the certificate of the educational qualification along with the vouchers by which his wages are paid by the respondents [Annexure-4 collectively] [pages 25-388]. After such long service, the petitioner approached the respondents for regularization of his service in terms of the memorandum dtd. 21/1/2009 [Annexure-2 to the writ petition] and the memorandum dtd. 4/9/2012 [Annexure-3 to the writ petition]. From the communication dtd. 31/3/2015 [Annexure-6 to the writ petition] it would be apparent that in the grade of Peon and MCW, eight vacancies where the petitioner can be considered are available. But the petitioner has not been considered till date. According to the petitioner, the petitioner is eligible to be regularized in terms of the memorandum dtd. 21/1/2009 inasmuch as he has completed 10 years of service without any break as the Casual Worker. By the memorandum dtd. 4/9/2012 the said policy of regularization was extended on the same terms and conditions as laid down in the memorandum dtd. 21/1/2009.

(3.) Mr. B. Banerjee, learned counsel, has referred a decision of this court in respect of the Tripura Forest Development and Plantation Corporation Limited where the petitioner is employed as the Casual Worker for all these long years. In Subrata Biswas v. State of Tripura and Ors. [judgment and order dtd. 4/1/2020 delivered in WP(C) No. 721 of 2018. this court had directed to regularize the service of the petitioner from the next day of his completion of service i.e. 31/5/2012 in a post commensurate to the service he has rendered as the Casual Worker or in a post in the same line or grade and the order in this regard shall be issued within the period of three months from the date when the petitioner shall furnish a copy of the order.