REGENT COMPUTRONICS PVT. LTD.

PRITISH RANJAN ROY Appellant

V/S

STATE OF TRFPURA Respondents

Referred Judgements :-

JUDGEMENT

(1.) Heard Mr. C.S. Sinha, the learned counsel appearing on behalf of the petitioners and Mr. U.B. Saha, the learned, Sr. Government Advocate assisted by Mr. T. D. Majumder, the learned counsel appearing on behalf of the respondents.

(2.) In this writ petition prayer has been made for directing the respondent to regularize the services of the petitioners to the post/ grade commensurate to their educational qualification since the date of their initial joining to the service as Contingent Workers along with consequential service benefits by obtaining financial concurrence of the State Government and also for issuance of writ of cer- tiorari quashing the appointment of 500 Lower Division Clerks/Panchayat Secretaries as illegal and arbitrary along with the prayer for declaring the Memorandum No. F. 10 16- FinG/99 dated 22.3.2001 as unjustified and unreasonable.

(3.) The facts necessary for adjudication of the present writ petition are that some of the petitioners being High School Pass, some being holding Senior Secondary Certificate and some being Graduate were deployed in the Panchayat Department as Contingent Workers in Group-C category in between October and November, 1990 as indicated in para 2 of the writ petition. Initially they along with 1666 persons were engaged at the rate of Rs. 24/- per day however, subsequently they were deployed in different Departments of the State Government at the enhance rate of Rs. 65/- per day from 1.1.2003 and for such purpose even budgetary allocations were made from 1994-95 to 2003-2004. On 20.3.1992 the Director of Panchayats, Government of Tripura issued Memorandum No. F. 15-152-Estt./PR787/ 9645-12, 333 specifying functions/duties of the Contingent/Daily Rated Workers at the Gaon Panchayat level accordingly, the services of the petitioners were to be utilized in different sphere including maintaining and running the Panchayat Libraries, wherever, existing and in addition to their engagement in office work and subsequently by another Notification dated 11.10.1994 many functions of Rural Development, Food Department, Social Welfare & Social Welfare Department, I.F.C. & P.H.C. Department, Revenue Department, Animal Resources Development Department, Industries Department and Forest Department were entrusted to the Panchayat Department and as a result, these Contingent Workers of the Panchayat Department were deployed in these Departments. However, more than five hundred appointments of Lower Division Clerks/Panchayat Secretaries/Bengali Typists-cum-L.D. Clerk were made on fixed pay basis in July, 2003 ignoring the claims of the petitioners despite their continuous deployment for about 14 years. According to the petitioners 26 similarly situated Contingent Workers deployed prior to the year 1990 were given regular appointments to the posts of Panchayat Secretaries with regular pay scale of Rs. 930-24/- vide order dated 20.10.1992 without obtaining concurrence of Finance Department. On enquiry, it has been revealed that in reference to Memorandum No. F.1016-Fin G/99 dated 22.3.2001 the question of regularization of Daily Rated Workers/Contingent Workers Group-D and Group-C came up for consideration by the State Government where 10% of the total vacancies of Group-C and Group-D posts arising in a particular year for direct recruitment were to be filed up from amongst the existing Daily Rated Workers/Contingent Workers, like the petitioners. According to the petitioners, the Memorandum dated 22.3.2001 is unreasonable and unjustified as the same has imposed arbitrary restrictions specifying only 10% of the vacancies for a particular year for direct recruitment and by limiting such percentage of recruitment.

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PRITISH RANJAN ROY Vs. STATE OF TRIPURA

Referred Judgements :-

JUDGEMENT

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