AGARTALA, India, Feb. 12 -- Tripura High Court issued the following order/judgement on Jan. 12:
[1]Heard Mr. Purusuttam Roy Barman, learned senior counsel appearing for the petitioner, Mr. Mangal Debbarma, learned Addl. G.A. appearing for the State-respondents and Mr. Bidyut Majumder, learned Deputy S.G.I. appearing for the respondent-Union of India.
[2] The petitioner was engaged as Anganwadi Worker vide Memorandum dated 10.01.1985 (Annexure-1 to the writ petition). Thereafter, vide notification dated 02.06.2023 (Annexure-2 to the writ petition) she was promoted to the post of Supervisor (ICDS) (Group-C, Non-Gazetted) on ad hoc basis subject to final outcome of S.L.P. (C) No.19765-19767 of 2015 pending before the Hon'ble Supreme Court and she went on retirement on 30.11.2023. [3] Thereafter, the petitioner submitted a representation on 31.05.2024, to the Director of Social Welfare and Social Education claiming gratuity and other pensionary benefits but according to the petitioner, said representation was not responded to her. Thereafter, she filed WP(C) No.457 of 2024 and a coordinate Bench of this Court disposed of the said petition on 10.07.2024 with the following directions:
"6] In view of such circumstances, without expressing any opinion on the merits of the case, this writ petition is disposed of, directing the respondents to consider the representation dated 31.05.2024 made by the petitioner within a period of 03(three) months from the date of receipt of the copy of this order. However, it is always open for the petitioner to place any such document in support of her claim before the respondents along with the Judgment and Order dated 24.01.2017 passed in WP (C) No. 71 of 2011, and in analogous matter and also in Judgment and Order dated 23.02.2017 passed in WP(C) No. 514 of 2014 passed by this Court and on receipt of the same the respondents shall consider the matter in accordance with law.
7] With the above observation and direction, this present writ petition stands disposed of. As a sequel, miscellaneous application(s), pending is any, shall stand closed."
[4] The petitioner accordingly communicated copy of the said judgment to the respondents and vide order dated 13.08.2024 (Annexure-11 to the writ petition) the claim of the petitioner for postretiral benefits including pension was rejected.
[5] Then the petitioner filed Cont.Cas(C) No.103 of 2024, which was ultimately closed giving liberty to the petitioner to avail the remedy under law. Therefore, the present writ petition has been filed.
[6] In the counter affidavit, it is stated by the Staterespondents that as a Supervisor, ICDS, the petitioner did not complete the required qualifying service of 10 years and therefore, she was not entitled to get pension and moreover, her promotion was ad hoc promotion, based on the promotional policy, issued by the State Govt., dated 22.06.2021, and as such, she is not entitled to get gratuity or other pensionary benefits.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x2NTwz1MEKHr7faSnsO8w8Mp18kSfN6D3sJlmBK9zAAv&caseno=WP(C)/119/2025&cCode=1&cino=TRHC010003012025&state_code=20&appFlag=)
Disclaimer: Curated by HT Syndication.
