SMT. MALABIKA NANDI Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) The writ petition is taken up for final disposal at the order stage itself on the prayer of learned counsel of the parties.

(2.) Heard learned counsel, Mr. A. Bhowmik for the petitioner and learned Addl. G.A., Mr. S. Chakraborty for the respondent Nos. 1 and 2. No representation on behalf of the rest of the respondents in spite of notice.

(3.) It is an admitted position that the petitioner was engaged by Sabroom Nagar Panchayat as a Stenographer by an order dated 09.10.1990 signed by the Member Secretary of Sabroom Nagar Panchayat on 09.11.1990 (Annexure P/2 to the writ petition). She was appointed on a fixed pay initially for a period of 6(six) months. As per the order of appointment she joined the post of Stenographer and continued her service. The temporary appointment initially given for 6(six) months was extended time to time and subsequently by memo dated 28.10.2000 (Annexure P/5 to the writ petition) her engagement along with the engagement of other similarly situated persons were continued until further order. It is also an admitted position that Govt. of Tripura in the Urban Development Department vide Memo dated 27.11.2007 (Annexure P/7 to the writ petition) took a decision to regularize the services of DRWs/Contingent/Casual workers who completed 15 years of service as on 31.03.2006 pursuant to the concurrence of the Finance Department. It was also stipulated in the said memorandum that the regularization should be w.e.f. 01.11.2007. The petitioner was expecting regularization pursuant to that Memo but the Executive Officer of Sabroom Nagar Panchayat i.e. the respondent No.4 by issuing Memo dated 11.08.2008 (Annexure P/9) asked the petitioner to give her option to join in the post of L.D.C. and it was proposed that she would be regularized as L.D.C. The petitioner denied to give option to be regularized in the post of L.D.C. and she filed WP(C) No. 30 of 2010 before the then Gauhati High Court, Agartala Bench and thereafter by issuing Memo dated 31.12.2012 (Annexure P/10) she was regularized in the post of Stengrapher w.e.f. 01.01.2013.