BARINDRA GHOSH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. A. Lodh, learned Counsel for the petitioner and Mr. T.D. Majumder, learned Counsel for the respondents.

(2.) THE petitioner Barindra Ghosh was initially appointed as work charged Jogali on 06.12.73 in the Public Works Department, Government of Tripura. After the continuous service since then for a period of 4 years 11 months and 20 days, he was appointed on 22.11.78 as Lower Division Clerk in the office of the Chief Engineer, PWD. Thus, he came to be an employee under the regular establishment. On 20.10.81, the State respondents in the Public Works Department framed rules with a view to transfer all the existing work charged employees of that department to the regular establishment. As per the said rules, 1049 number of work charged employees shown in the schedule attached to the said rules were transferred to the regular establishment with regular scale of pay. Regarding the period of service they rendered as work charged employee it has been provided in Rule 5(2) of the said rules that such period shall count to the same extent as regular service for the purpose of pension, gratuity or other retiral benefits. The grievance of the petitioner is that he has been denied the benefits available under the above rules only on the ground that he was brought to the regular establishment before the said rules came into force and that the benefits of the said rules were intended only for those existing 1049 work charged employees who were in position on the date of coming into force of the said rules. By means of this writ petition, the petitioner has sought a direction to the respondents concerned to extend the benefit of the said rules to him also.

(3.) MR . Lodh has drawn my attention to Annexure -8 A which is an office order issued from the office of the Chief Engineer, I and FC on 17.12.85. This order issued in the name of Governor would go to show that certain work charged employees who were transferred to the regular establishment in the year 1978 as Lower Division Clerk, before the rules of 1981 came into force, have been given the pensionary benefits in the form of pension and gratuity for the entire period served in the work charged establishment. By the memorandum dated 16.06.95 (Annexure -9), tie issue was under examination by the said respondents as to whether the persons who were brought to the regular establishment through interview in the year 1978 are entitled to the pensionary benefit for the period served by them in the work charged establishment. The petitioner made a representation on 23.02.98 to the Chief Engineer, Public Works Department to extend the pensionary benefit by counting the service served in the work charged establishment, but no favourable response was forthcoming from them. Aggrieved, by means of this writ petition, the directions as aforesaid have been sought.