Tripura High Court
Smt. Kajal Sarkar vs The State Of Tripura on 15 February, 2017
Author: S.C. Das
Bench: S.C. Das
1
THE HIGH COURT OF TRIPURA
AGARTALA
WP(C) 1100 OF 2016
Smt. Kajal Sarkar,
W/o Sri Pradip Ranjan Mitra,
Resident of Subhash Park,
Kalibari, PO: Khowai, PIN:799201,
District: Khowai, Tripura.
... Petitioner . .ss
- Vs -
1. The State of Tripura,
Represented by the Secretary, Social Welfare & Social
Education Department, Government of Tripura,
PO: New Secretariat, PIN:799010, District: West Tripura.
2. The Secretary,
Finance Department, Government of Tripura,
PO:New Secretariat, PIN:799010,
Agartala, District: West Tripura.
3. The Director,
Social Welfare & Social Education Department,
Government of Tripura, PO:Abhoynagar,
PIN:799005, District: West Tripura,
Agartala.
4. The Accountant General (A & E),Tripura, PO: Kunjaban,
PIN:799006, District: West Tripura, Agartala.
....Respondents.
WP(C) 1101 OF 2016 Smt. Gouri Roy, W/o Sri Mihir Lal Roy, Resident of Kali Tilla, PO: Teliamura, PIN:799205, District: Khowai, Tripura.
... Petitioner . .ss
- Vs -
1. The State of Tripura,
Represented by the Secretary, Social Welfare & Social Education Department, Government of Tripura, PO: New Secretariat, PIN:799010, District: West Tripura. WP(C) 1100, 1101, 1103, 1104 & 1105 OF 2016 Page 1 of 8 2
2. The Secretary, Finance Department, Government of Tripura, PO:New Secretariat, PIN:799010, Agartala, District: West Tripura.
3. The Director, Social Welfare & Social Education Department, Government of Tripura, PO:Abhoynagar, PIN:799005, District: West Tripura, Agartala.
4. The Accountant General (A & E),Tripura, PO: Kunjaban, PIN:799006, District: West Tripura, Agartala.
....Respondents.
WP(C) 1103 OF 2016 Smt. Chanchala Dey, W/o Sri Bakul Krishna Bhattacharjee, Resident of Netaji Nagar, PO: Teliamura, PIN:799205, District: Khowai, Tripura.
... Petitioner . .ss
- Vs -
1. The State of Tripura,
Represented by the Secretary, Social Welfare & Social Education Department, Government of Tripura, PO: New Secretariat, PIN:799010, District: West Tripura.
2. The Secretary, Finance Department, Government of Tripura, PO:New Secretariat, PIN:799010, Agartala, District: West Tripura.
3. The Director, Social Welfare & Social Education Department, Government of Tripura, PO:Abhoynagar, PIN:799005, District: West Tripura, Agartala.
4. The Accountant General (A & E),Tripura, PO: Kunjaban, PIN:799006, District: West Tripura, Agartala.
....Respondents.
WP(C) 1100, 1101, 1103, 1104 & 1105 OF 2016 Page 2 of 8 3 WP(C) 1104 OF 2016 Miss Sandhya Paul, D/o Lt. Manindra Chandra Paul, Resident of Jogendra Nagar, PO: Jogendranagar, PIN:799004, West Tripura, Agartala.
... Petitioner . .ss
- Vs -
1. The State of Tripura,
Represented by the Secretary, Social Welfare & Social Education Department, Government of Tripura, PO: New Secretariat, PIN:799010, District: West Tripura.
2. The Secretary, Finance Department, Government of Tripura, PO:New Secretariat, PIN:799010, Agartala, District: West Tripura.
3. The Director, Social Welfare & Social Education Department, Government of Tripura, PO:Abhoynagar, PIN:799005, District: West Tripura, Agartala.
4. The Accountant General (A & E),Tripura, PO: Kunjaban, PIN:799006, District: West Tripura, Agartala.
....Respondents.
WP(C) 1105 OF 2016 Smt. Shibani Chakraborti, W/o Sri Bikash Ranjan Bhattacharjee, Resident of Gopal Nagar, PO:Kalyanpur, Teliamura, District: Khowai, Tripura.
... Petitioner . .ss
- Vs -
1. The State of Tripura,
Represented by the Secretary, Social Welfare & Social Education Department, Government of Tripura, PO: New Secretariat, PIN:799010, District: West Tripura.
2. The Secretary, Finance Department, Government of Tripura, PO:New Secretariat, PIN:799010, Agartala, District: West Tripura.
WP(C) 1100, 1101, 1103, 1104 & 1105 OF 2016 Page 3 of 8 4
3. The Director, Social Welfare & Social Education Department, Government of Tripura, PO:Abhoynagar, PIN:799005, District: West Tripura, Agartala.
4. The Accountant General (A & E),Tripura, PO: Kunjaban, PIN:799006, District: West Tripura, Agartala.
....Respondents.
BEFORE THE HON'BLE MR. JUSTICE S.C. DAS In all the writ petitions For the petitioner : Mr. C.S.Sinha, Advocate.
For the respondents 1, 2 & 3 : None
For the respondent No.4 : Mr. H. Deb, learned ASG.
Date of hearing &
delivery of Judgment
& Order : 15.02.2017.
Whether Fit for reporting : YES
JUDGMENT & ORDER(ORAL)
Learned counsel, Mr. C.S.Sinha for the petitioners and learned ASG, Mr. H. Deb for the respondent No.4 are present.
No representation on behalf of respondent Nos. 1, 2 and 3.
2. On earlier occasion also there was no representation on behalf of respondent Nos. 1, 2 and 3. On the request of learned counsel Mr. Sinha and Mr. Deb, the matter is taken up for disposal at the admission stage itself since it is submitted that the issue involved in these five writ petitions are covered by the judgment WP(C) 1100, 1101, 1103, 1104 & 1105 OF 2016 Page 4 of 8 5 dated 24.01.2017, passed by this Court in WP(C) 71 of 2011. A copy of that judgment is placed on record.
3. After going through the writ petitions and the judgment dated 24.01.2017 I find justification in the submission of learned counsel of the parties that these writ petitions are well covered by that judgment because the facts and points of law are identical.
4. The writ petitioners were appointed as Anganwadi Workers under Integrated Child Development Project (ICDS). The Scheme was sponsored by the Central Govt. On their engagement by the State Govt. as Anganwadi Workers they used to get fixed amount as honorarium.
The petitioner of WP(C) 1100 of 2016 joined as Anganwadi Worker on 26.06.1979. The petitioner of WP(C) 1101 of 2016 joined as Anganwadi Worker on 06.06.1980. The petitioner of WP(C) 1103 of 2016 joined as Anganwadi Worker on 06.06.1980. The petitioner of WP(C) 1104 of 2016 joined as Anganwadi Worker on 13.06.1980 and the petitioner of WP(C) 1105 of 2016 joined as Anganwadi Worker on 06.06.1980.
5. It is also an admitted position that the State respondents made recruitment rules for the post of Supervisor(ICDS) by notification vide No.F.11(19)-DSWE/ESTT/88 dated 15.02.2007(Annexure-4 to the writ petitions). That recruitment rule prescribes the mode of recruitment in item No.11 of the Schedule which reads as follows:- WP(C) 1100, 1101, 1103, 1104 & 1105 OF 2016 Page 5 of 8 6
"11.In case recruitment by : "By Promotion
a) 50% promotion from Junior promotion/deputation/transfer, grade Social Education Organisers/Junior from which promotion/ deputation/ Social Education Organisers(Female) who have passed the Madhyamik or transfer is to be made.
its equivalent Examination and rendered not less than 5(five) years' service in the grade.
b) 50% by promotion from
Anganwadi Workers who have
passed the Madhyamik or its
equivalent examination and
rendered not less than 10(ten)
years' service as Anganwadi
Workers."
6. It is therefore evident that the State respondents made rule for promotion to the post of Supervisor which is a regular post by way of promotion from the post of Awanwadi workers to the extent of 50 percent of the post of Supervisor.
7. It is an admitted position that the petitioners were promoted to the post of Supervisor by Memo dated 02.01.2008 (Annexure-2 to the writ petitions). All the petitioners have retired from the service. They have been denied pension on the ground that they did not serve the requisite period of pensionable service after their promotion as Supervisor (ICDS).
8. In WP(C) 71 of 2011, the contention of the State respondents was that the petitioners were engaged under the ICDS scheme projected by the Central Government on honorarium basis and only after their promotion in the post of Supervisor (ICDS) they got the status of a State Government employee. The period they served in the post of Supervisor (ICDS) was not sufficient to count as a pensionable service and therefore they could not be given pension.
WP(C) 1100, 1101, 1103, 1104 & 1105 OF 2016 Page 6 of 8 7
9. It is not in dispute that by Memo. No.F.8(3)-FIN(G)/78, dated 25.02.2010 (Annexure-6 to the writ petitions), the State Govt. allowed counting of half of the services of the Contingent Workers/DRWs/Monthly Rated Workers/Casual Workers for the purpose of pension.
10. We are in a welfare State and all schemes, rules, regulations, are aimed towards welfare of the citizens. Anganwadi workers were engaged by the State under a scheme advanced by the Central Government and they have discharged their duties as Anganwadi workers without any break only on the basis of remuneration they got under the scheme. Definitely, the State being a welfare employer has taken decision to give promotion to the post of Supervisor (ICDS) of the eligible Anganwadi workers and thereby recognized the services of Anganwadi workers. While the State is a benevolent employer of the workmen, I do not think it appropriate for the State would be taking a stand that simply because the particular nomenclature was not mentioned in those Govt. notification, the petitioners who has spent their entire service period, they will be deprived/denied of the benefits of at least 50% of their such services towards their pensionery benefits. In my considered opinion, though there is no mention of Aanganwadi workers in the notification dated 25.02.2010 of the State Government, the same view may be taken in respect of the Anganwadi workers, who have been ultimately promoted to the post of Supervisor (ICDS). The services rendered by those Supervisor (ICDS) in the post of Anganwadi workers should be WP(C) 1100, 1101, 1103, 1104 & 1105 OF 2016 Page 7 of 8 8 taken to consideration and 50% of such services shall be counted for pensionery benefits.
11. The writ petitions are therefore allowed to the extent that the State respondents shall take into account 50% of the total period of service rendered as Anganwadi workers by those Supervisor (ICDS) and they should be paid pensionary benefits taking into account such 50% services.
The State respondents are therefore directed to process the cases of the petitioners for pensionary benefits after taking into account 50% of their services rendered as Anganwadi workers, and if it is found that they have rendered requisite pensionary period of service, taking into account 50% of the services as Anganwadi workers and the service as Supervisor (ICDS), their cases should be processed for pension.
The process should be completed within three months from today.
12. All the writ petitions, accordingly stands disposed of.
JUDGE WP(C) 1100, 1101, 1103, 1104 & 1105 OF 2016 Page 8 of 8