SWAPNA DEY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. R. Saha, learned counsel appearing for the petitioner as well as Mr. M. Debbarma, learned Addl. G.A. appearing for the respondents.

(2.) By means of this writ petition, the petitioner has urged this court to treat the petitioner as the full time Contingent Worker with effect from 18/7/1996 to 9/1/2013 i.e. the date of her engagement as Daily Rated Worker (DRW) retrospectively for purpose of calculating the qualifying service for regularisation in terms of the policy of the Government that was extant at the relevant point of time. It appears from the records, placed with the writ petition that the petitioner first urged to the respondent No.3, the Director of School Education for her regularisation as the Group-D employee by calculating the above period as the full time Contingent Worker on 17/2/2016 [Annexure-4 to the writ petition].

(3.) The respondent No.3 having received the said representation had communicated to the Headmaster South Bagma, S.P. H.S. School, Udaipur, Gomati Tripura for furnishing the materials that the petitioner was engaged with prior permission of the Finance Department or the School Education Department, if the permission was obtained for her engagement as the DRW, to furnish the conclusive evidence regarding the engagement of the petitioner as full time DRW prior to 31/3/2003 along with the payment records like acquittance roll etc. It appears further that the petitioner on 17/7/2017 had served a notice through her lawyer and on that occasion also the respondent No.3, Director of School Education has categorically asserted his communication dtd. 8/8/2017 [Annexure-8 to the writ petition] as follows: