Tri HC| Claim of regularization can be made only within the four corners of a scheme framed by the government

Tripura High Court: Akil Kureshi, CJ., dismissed a writ petition which was filed by the petitioner praying for regularizing her in service w.e.f. 14-02-2002, i.e. on completion of 10 years of service with all consequential benefits.

Counsel for the petitioner, Mr Arijit Bhowmik however submitted that the expectation of the petitioner was for being granted regularization w.e.f. 01-07-2008 as provided in office memorandum dated 01-09-2008 issued by the State Government.

The petitioner was appointed as temporary fixed pay worker (clerical) under an order dated 15-02-1992 by the Notified Area Authority, Dharmanagar. This Notified Area Authority was later on upgraded as Dharmanagar Nagar Panchayat and thereafter to the status of Dharmanagar Municipal Council. All the employees of the Notified Area Authority automatically became the employees of Dharmanagar Municipal Council. Under an office memorandum dated 14-12-2012 the Finance Department, Government of Tripura granted its concurrence for regularization of temporary workers. Accordingly, the petitioner was regularized by an order dated 20-12-2012 with effect from the said date. The grievance of the petitioner was that such regularization was granted prospectively from the date of the order instead of regularizing her services w.e.f. 01-07-2008 as provided in office memorandum dated 01-09-2008.

Counsel for the respondent, Mr R.G. Chakraborty and Mr Rajib Saha contended that regularization of daily rated or contingent staff was subject to concurrence of the Finance Department which was granted only in the year 2012. The regularization, therefore, cannot be granted with retrospective effect.

The Court after perusing the office memorandum observed that the eligibility criteria was that the DRW, Casual or Contingent Workers should have been engaged prior to 31-03-2003 and should have completed 10 years full-time work on 01-07-2012. The cut-off date of 31-03-2008 as envisaged in office memorandum dated 01.09.2008, for the workers of Municipal Council and Panchayats was shifted to 01-07-2012. Further, the eligible workers would be provided the pay scale in the entry level scale from prospective date of joining the regular scale post. This office memorandum thus did not envisage granting regularization from retrospective effect.

The Court while dismissing the petition held that petitioner cannot seek the benefit of regularization from any date anterior to the date of order of regularization.

[Vaswati Sharma v. State of Tripura, 2021 SCC OnLine Tri 270 decided on 13-05-2021]


Suchita Shukla, Editorial Assistant has put this report together 

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