Decided on May 13,2021

Vaswati Sharma Appellant


AKIL KURESHI, C.J. - (1.) The petitioner has prayed for regularizing her in service w.e.f. 14.02.2002, i.e. on completion of 10 years of service with all consequential benefits. At the outset, learned counsel for the petitioner, however, submitted that the expectation of the petitioner is for being granted regularization w.e.f. 01.07.2008 as provided in office memorandum dated 01.09.2008 issued by the State Government.
(2.) Briefly stated the facts are that 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.
(3.) The petitioner would point out that the Government of Tripura framed a scheme for regularization of DRW, Casual and Contingent Workers upon completion of 10 years of service under office memorandum dated 01.09.2008. This office memorandum provided that the Government had taken a decision to regularize services of full-time DRW, Casual and Contingent Workers who had completed 10 years as on 31.03.2008 subject to fulfillment of certain conditions. The eligible workers would be provided pay scale in the relevant grade upon their regularization which would take effect from 01.07.2008. Under a communication dated 30.10.2009 the Director of Urban Development, Government of Tripura to Chief Executive Officer/Executive Officers of various Municipal Council and Nagar Panchayats requested that the proposal for regularization of services of DRW, Casual and Contingent Workers on completion of 10 years of service as on 31.03.2008 be sent to the Finance Department for concurrence. From this communication counsel for the petitioner contends that the regularization scheme framed by the Government under office memorandum dated 01.09.2008 was made applicable to the employees of Nagar Panchayat also.;

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