ANUP SIL SHARMA Vs. STATE OF TRIPUR
HIGH COURT TRIPURA
Anup Sil Sharma
State Of Tripur
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S. Talapatra -
(1.)By means of this writ petition, the petitioner has urged this Court for directing the respondents to allow the petitioner continue as casual worker till his absorption as Permanent Labourer. It has been further urged that the respondents be directed to absorb the petitioner as Permanent Labourer in terms of Rules 4 and 5 of Tripura Government, Sepahijala Biological Complex/Any Other Complex/ Institution Permanent Labourers (Recruitment and Condition of Service) Rules, 1990. It has been further urged that the respondents be further directed to absorb regularize the service of the petitioner as Permanent Labourer w.e.f. 19/11/2018 and allow him to resume his duties as casual worker under Hrishyamukh Forest Range till such absorption is made.
(2.)Brief facts, as essential for determining the controversy as raised in this writ petition, are that the petitioner had been serving the respondents from 19/11/2008 as casual worker in Hrishyamukh Forest Range under the superintendence of Sub-Divisional Forest Officer, Bagafa. According to the petitioner, on completion of three years of service as casual worker, serving 240 days in each year, the petitioner became eligible/entitled to be absorbed/regularized as permanent labourer w.e.f. 19/11/2018. Since joining, till 31/3/2018, the petitioner served the respondents uninterruptedly. The petitioner had been terminated from his service on 31/3/2018. The petitioner submitted a representation on 1/11/2017 (Annexure-1 to the writ petition) seeking absorption as permanent labourer.
(3.)It has been asserted by the petitioner that Rule 5 of the Tripura Government, Sepahijala Biological Complex/Any Other Complex/ Institution Permanent Labourers (Recruitment and Condition of Service) Rules, 1990 as published by the notification dtd. 26/11/1990 (Annexure-2 to the writ petition) provides that a labourer working in the Sepahijala Biological Complex or any other complex/institution of the Forest Department will be considered for absorption as permanent labourer when he would complete three years of service, serving 240 days in a year. Rule 5 of the said rules provides that depending on availability of vacancy, the appointing authority may declare a labourer as permanent labourer if he conforms to the requirement of Rules 4 and 5 of the said rules. However, such absorption is subject to satisfaction of the appointing authority as regards the quality of work, conduct and character of casual worker and his suitability for employment on the basis of the recommendation of the committee that would be constituted with senior and responsible officers under Conservator of Forests.
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