Tripura High Court
Sri Dilip Sengupta vs The Union Of India on 15 January, 2018
Author: S. Talapatra
Bench: S. Talapatra
1
THE HIGH COURT OF TRIPURA
AGARTALA
W.P.(C) No. 22 of 2018
Sri Dilip Sengupta,
care of Ashish Sengupta,
resident of Sankar Chowmuhani, Padmakuthir By-lane,
Krishnanagar, Agartala, West Tripura
... Petitioner
- Versus -
1. The Union of India,
represented by the Secretary,
Ministry of Human Resource Development Department,
Government of India,127-C, Shastri Bhawan, New Delhi
2. The Vice Chancellor,
IGNOU, Maidan Garh, New Delhi-110068
3. The Registrar,
Regional Service Division (RSD),
IGNOU, Maidan Garh, New Delhi-110068
4. The Registrar,
Material Printing and Distribution Division (MPDD)
IGNOU, Maidan Garh, New Delhi-110068
5. The Section Officer,
IGNOU, Agartala Regional Centre, MBB College,
Science Block, Agartala, West Tripura
6. The Regional Director,
IGNOU, Agartala Regional Centre, MBB College,
Science Block, Agartala, West Tripura
... Respondents
W.P.(C) No. 23 of 2018
Sri Tushar Kanti Dey,
son of late Tarani Mohan Dey,
resident of Dhaleswar Road No.7, Agartala,
P.O. Dhaleswar, West Tripura
... Petitioner
- Versus -
1. The Union of India,
represented by the Secretary,
Ministry of Human Resource Development Department,
Government of India,127-C, Shastri Bhawan, New Delhi
2. The Vice Chancellor,
IGNOU, Maidan Garh, New Delhi-110068
3. The Registrar,
Regional Service Division (RSD),
IGNOU, Maidan Garh, New Delhi-110068
W.P.(C) No. 22 of 2018; W.P.(C) No. 23 of 2018; W.P.(C) 24 of 2018
2
4. The Registrar,
Material Printing and Distribution Division (MPDD)
IGNOU, Maidan Garh, New Delhi-110068
5. The Section Officer,
IGNOU, Agartala Regional Centre, MBB College,
Science Block, Agartala, West Tripura
6. The Regional Director,
IGNOU, Agartala Regional Centre, MBB College,
Science Block, Agartala, West Tripura
... Respondents
W.P.(C) No. 24 of 2018
Sri Dipak Roy,
son of late Sukharanjan Roy,
resident of Ramnagar Road No.11, P.O. Ramnagar,
Agartala, West Tripura
... Petitioner
- Versus -
1. The Union of India,
represented by the Secretary,
Ministry of Human Resource Development Department,
Government of India,127-C, Shastri Bhawan, New Delhi
2. The Vice Chancellor,
IGNOU, Maidan Garh, New Delhi-110068
3. The Registrar,
Regional Service Division (RSD),
IGNOU, Maidan Garh, New Delhi-110068
4. The Registrar,
Material Printing and Distribution Division (MPDD)
IGNOU, Maidan Garh, New Delhi-110068
5. The Section Officer,
IGNOU, Agartala Regional Centre, MBB College,
Science Block, Agartala, West Tripura
6. The Regional Director,
IGNOU, Agartala Regional Centre, MBB College,
Science Block, Agartala, West Tripura
... Respondents
BEFORE
THE HON'BLE MR. JUSTICE S. TALAPATRA
For the petitioners : Mr. P. Maishan, Advocate
For the respondents : Mr. H. Deb, ASG
Date of hearing & delivery
of Judgment and Order : 15.01.2018.
Whether fit for reporting : NO
W.P.(C) No. 22 of 2018; W.P.(C) No. 23 of 2018; W.P.(C) 24 of 2018
3
JUDGEMENT AND ORDER (ORAL)
Heard Mr. P. Maishan, learned counsel appearing for the petitioners as well as Mr. H. Deb, learned ASG appearing for the respondents.
2. All these writ petitions being WP(C) 22 of 2018 [Sri Dilip Sengupta vs. The Union of India and others], WP(C) 23 of 2018 [Sri Tushar Kanti Dey vs. The Union of India and others] and WP(C) 24 of 2018 [Sri Dipak Roy vs. The Union of India and others] are consolidated for disposal by a common judgment inasmuch as a similar question wade through all these writ petitions.
3. The petitioners were all admittedly engaged as the 'multi skilled daily wage worker' for providing orderly service. There is no dispute that they were engaged on daily wage basis. The said wage has not changed for long.
4. Mr. Maishan, learned counsel appearing for the petitioners has strenuously submitted that the office memorandum dated 19.04.2017 (Annexure 4 to the writ petition) and the office memorandum dated 19.12.2016 (Annexure 6 to the writ petition) expand the scope for regularization of the petitioners. For purpose of reference, both the office memoranda dated 19.04.2017 and 19.12.2016 are extracted hereunder:
W.P.(C) No. 22 of 2018; W.P.(C) No. 23 of 2018; W.P.(C) 24 of 2018 4 FTS No. 417980/2017-EG Government of India Ministry of Finance Department of Expenditure North Block,New Delhi Dated:19/04/2017 Office Memorandum Subject: Conversion of temporary posts into permanent ones upto the level of Deputy Secretary in Department in Ministries/Departments- Review of instructions-reg.
The undersigned is to forward herewith a copy of fax dated 17.3.2017 in original received from Shr Soman Bhattacharjee, a daily wages staff working at Indira Gandhi National Open University (IGNOU), Agartala Regional Centre, Tripura on the above mentioned subject for appropriate action.
Encl: a.a. Sd/illigible
(Nirmala Dev)
Deputy Secretary to the Government of India Tele No. 230953276 No. A-11012/11/2011/EG Government of India Ministry of Finance Department of Expenditure North Block,New Delhi Dated:19th December, 2016 Office Memorandum Subject: Conversion of temporary posts into permanent ones upto the level of Deputy Secretary in Ministries/Departments Review of instructions contained in O.M. dated 24.03.1976 The undersigned is directed to refer to O.M. No. A-l1019/6/75-EG-1 dated 24.03.1976 vide which instructions regarding conversion of temporary posts into permanent ones upto the level of Deputy Secretary in Ministries/ Departments were issued.
2. Keeping in view the conceptual changes in the field of creation of posts occurred over this period, it has been decided to review existing temporary posts upto the Deputy Secretary level in Ministries/Departments and allow their conversion into permanent ones as a one time measure. Accordingly, all Financial Advisors are directed to carry out a comprehensive review exercise of all existing temporary posts upto the Deputy Secretary level available in their respective Ministries/Departments/Subordinate/Attached Offices/ Autonomous Organisation/ Societies under their charge and issue specific orders for conversion of these temporary posts into permanent ones subject to the condition that these posts have functional justification and are in existence for more than three years.
3. This exercise has to be completed in a time frame of 3 months from the date of Issue of this O.M. I.e. upto 19t h March, 2017. Acompliance report of the same is to be intimated to Department of expenditure invariably alongwith details of posts and copy of orders issued in this regard.
4. This issues with the approval of Finance Secretary.
Encl: a.a. Sd/illigible
(Anne George Mathew)
Joint Secretary to the Government of India Tele No. 23095648 W.P.(C) No. 22 of 2018; W.P.(C) No. 23 of 2018; W.P.(C) 24 of 2018 5
5. A bare reading of those memoranda would clearly demonstrate that those are related to conversion of the temporary posts to the permanent post and those have nothing to do with regularization of the employees. However, Mr. Maishan, learned counsel has referred to a communication made by the Regional Director, IGNOU, Agartala Regional W.P.(C) No. 22 of 2018; W.P.(C) No. 23 of 2018; W.P.(C) 24 of 2018 6 Centre to the Pro-Vice chancellor of Indira Gandhi National Open University (in short, the IGNOU), New Delhi apprising the situation relating to the persons engaged like the petitioners. It appears from the said communication dated 21.07.2014 (Annexure 5 to the writ petition) that the daily wage staffs were entrusted about your concern and have requested me to bring to your notice the number of years of service which they have contributed in the overall growth of the RC. I am bringing to your kind notice the names of 3 DW staffs who had applied for the posts mentioned in the last column in the year 2010. At that time, the staff mentioned in no. 1 and 2 availed age relaxation benefit, but if there are prospects for their recruitment as permanent staff of IGNOU, they may be given priority with age relaxation. This was a mere proposal sent to the competent authority of the IGNOU.
6. The petitioner in the writ petition being no. WP(C) 22 of 2018 had approached the Central Administrative Tribunal, Gauhati Bench by filing the original application (OA), but the said application was dismissed as withdrawn by the order dated 01.11.2017. Now, the petitioners have approached this court for the same relief. Mr. Maishan, learned counsel when was asked to apprise whether there is any scheme of regularization, he could not show any scheme except those memoranda dated 19.04.2017 and 19.12.2016 (Annexure 4 and 6 respectively).
Those however do not declare any scheme for regularization.
7. Be that as it may, the respondents are directed to consider whether the petitioners can be brought to the regular W.P.(C) No. 22 of 2018; W.P.(C) No. 23 of 2018; W.P.(C) 24 of 2018 7 establishment by framing a scheme having due regard to the length of their service. If required, the petitioners shall be given relaxation.
8. Mr. Deb, learned ASG has fairly submitted that such consideration can only be made by the competent authority. Let the competent authority take up such exercise with expedition. The petitioner shall furnish a copy of this order to the respondents.
9. In terms of the above, these writ petitions are disposed of. There shall be no order as to costs.
JUDGE Saikat W.P.(C) No. 22 of 2018; W.P.(C) No. 23 of 2018; W.P.(C) 24 of 2018