(1.) BY means of this writ petition, the petitioners who admittedly were engaged as employees in the Border Area Projects by the Tripura State Social Welfare Advisory Board, claim that they are entitled to pension in accordance with the decision taken by the Union of India as well as the State of Tripura and they also pray that the respondents be directed to release pension in favour of the petitioners.
(2.) BRIEFLY stated, the facts relevant for disposal of the case are that there were many projects which were being run by the Social Welfare Boards of the States. These included the Border Area Projects, Welfare Extension Projects and Demonstration Projects etc. All these projects were started in the 1960's. Persons like the petitioners were recruited by the Social Welfare Board for doing the work of the projects. The Social Welfare Boards are totally funded by the State Govt. or the Union Govt. and are definitely 'State' within the meaning of Article 12 of the Constitution of India.
(3.) ON 19th August,1989 a communication was sent by the Secretary of the Tripura State Social Welfare Advisory Board to the Chairman of all the Border Area Projects which reads as follows: -