LAWS(TRIP)-2016-4-57

BELA RANI DATTA Vs. STATE OF TRIPURA; CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT; EXECUTIVE ENGINEER; BISHNU PADA PAUL

Decided On April 18, 2016
Bela Rani Datta Appellant
V/S
State Of Tripura; Chief Engineer, Public Works Department; Executive Engineer; Bishnu Pada Paul Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment dated 29.02.2016, passed in WP(C) No. 465 of 2014, whereby the writ petition filed by the petitioner is dismissed.

(2.) The claim of the petitioner is that she and the respondent No.4, Sri Bishnu Pada Paul were appointed as the 'Daily Rated Worker' on the same day. Her grievance is that whereas Sri Bishnu Pada Paul was regularized on 10.10.2012, she was only regularized in the year 10.10.2012 with effect from 01.07.2008. The stand of the State is that though the petitioner and the respondent No. 4 were appointed as the daily rated workers on the same date, the said respondent No.4 separately was appointed as a 'Majdoor' on regular basis on 10.10.2012 along with four other persons. That appointment was not only of the respondent No.4 but of total number of five persons. According to the State, the respondent No.4 was not regularized but was given fresh appointment as 'Majdoor' and therefore, it has no connection with the daily rated appointment. As far as the regularization of the daily rated worker or the 'Majdoor' is concerned, the State formulated a policy in the year 2008, whereby it was decided that all those daily rated employees who were putted more than ten years of service would be regularized. In terms of this policy, the petitioner was regularized in 2012 but this regularization was given effect from 01.07.2008 when the policy came into force.

(3.) The learned single judge held and rightly so that the petitioner could have no grievance vis-a-vis the respondent No.4 because the respondent No.4 had not been regularized but was granted fresh appointment.