S.G.CHATTOPADHYAY,J. - (1.)The matter arises from a reference made by the learned Single Judge by his common order dtd. 15/11/2021 passed in WP(C) No.277 of 2021 and WP(C) No.278 of 2021.
(2.)By means of filing the writ petitions before the learned Single Judge, the petitioners who were Anganwadi workers under the scheme known as Integrated Child Development Services (ICDS) challenged a notification of the State Government whereby their age of retirement was fixed at 60 years and sought for a direction to the State Government to let them continue in service till they attain 65 years of age in terms of the guidelines issued by the Government of India, Ministry of Women and Child Development and circulated to the State Governments across the country under communication No.1-8/2012-CD-I dtd. 22/10/2012. For such reliefs, they relied on the judgment and order dtd. 29/6/2021 passed by a Division Bench of this court in WA No. 173 of 2021 The State of Tripura and Ors. v. Rina Purkayasta.
(3.)The petitioners also relied on another order dtd. 27/8/2021 passed by the learned Single Judge (A. Lodh, J) of this court in the case of Smt. Silu Pal v. The State of Tripura and 6 Ors. WP(C) No.242 of 2021. The learned Single Judge (A. Lodh, J) by the order under reference has held that judgment rendered by the Division Bench in Rina Purkayashta (supra) and the judgment rendered in Smt. Silu Pal (supra) are not in consonance with the policy decision of the Government and the decision of the Hon'ble Supreme Court rendered in the case of State of Karnataka and Ors. v. Ameerbi and Ors. reported in (2007) 11 SCC 681 and on this ground learned Single Judge (A. Lodh, J) has referred the matter to the Chief Justice to constitute appropriate bench to resolve the issue. Accordingly this bench has been constituted to decide the matter.
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