P. ROY BARMAN Vs. D. BHATTACHARJEE
HIGH COURT TRIPURA
P. Roy Barman
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(1.)Heard Mr. P. Roy Barman, learned counsel appearing for the petitioner as well as Mr. D. Bhattacharjee, learned GA appearing for the State-respondents. None appears for the Union of India-respondent. The present writ petition has been filed by 64 nos. of writ petitioners, who were appointed as Gram Rozgar Sevak vide order dated 13.05.2008 (Annexure 2 to the writ petition) on contractual basis for a fixed period of two years. Thereafter, their contractual period of service has been extended from time to time and the present contractual period of service of the writ petitioners will expire on 29.02.2020. All the appointments were made under National Rural Employment Guarantee Act, 2005 (NREGA) for implementation of Tripura Rural Employment Guarantee Scheme (TREGS).
(2.)The respondents have issued a fresh advertisement on 06.08.2019 (Annexure 23 to the writ petition) inviting online application from the eligible candidates to fill up the post of Gram Rozgar Sahayak (GRS) under MGNREGS. I have gone through the writ petition.
In paragraph 28 of the writ petition, it is stated that "the respondents are contemplating to appoint new set of GRS. To further such design, the respondents have resorted to a trick by twisting the nomenclature of the post from Gram Rozgar Sevak to Gram Rozgar Sahayak........."
It is settled position of law that a person who has been engaged on contractual basis, through established procedure of employment, cannot be replaced by another set of employees on the same contractual terms.
(3.)The petitioners have filed this writ petition praying for staying and quashing the advertisement dated 06.08.2019 (Annexure 23 to the writ petition) which was issued by the Rural Development Department, Government of Tripura.
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