AGARTALA, India, Feb. 26 -- Tripura High Court issued the following order/judgement on Jan. 27:
[1] Heard learned counsel of both sides.
[2] Pleadings of the parties are complete. With the consent of both sides, the case is finally heard and being disposed of by this judgment.
[3] The petitioner, Smt. Sumati Sarkar was appointed vide memorandum dated 28.04.1999 as a School Mother under the Directorate of Social Welfare & Social Education, Government of Tripura, Agartala temporarily on a consolidated fixed pay for 12(twelve) months. Thereafter, again she was appointed to the same post on a fixed pay basis vide memorandum dated 13.01.2000 (Annexure-2). Subsequently, vide memorandum dated 16.12.2009 (Annexure-4), her service was regularized, and ultimately she went on superannuation from the said post of School Mother on 31.01.2024. Now it is her grievance that while providing her post retiral benefits, her past service was not counted and, therefore, she has preferred the writ petition.
[4] Identical issue was earlier raised in case of Smti. Mamata Rani Roy (Saha) versus the State of Tripura and others [WP(C) No.77 of 2015] decided on 08.10.2015, wherein the Division Bench of this Court held as under:
"11. It would also be pertinent to mention that the Central Government and the Government of Tripura have taken a decision that even half of the services rendered by an employee on daily wages shall be counted towards qualifying service. The person appointed on fixed pay basis is on a much better footing than a person appointed on daily wages and if half of the service rendered by a daily wages employee can be counted for determining his/her qualifying service, I see no reason why the full service rendered by a fixed pay employee should not be counted towards her qualifying service if this uninterrupted service is followed by regular service.
12. In view of the above discussion, the writ petition is allowed with costs assessed at Rs.5,000/- (rupees five thousand) and it is directed that the service rendered by the petitioner from the date of her joining as School Mother on fixed pay basis pursuant to the letter of appointment dated 19-07-1990 till her regularisation shall be added to her regular service from 01-10-2007 till her superannuation on 03-11-2007 for calculating her pension and other retiral benefits. The State shall ensure that the pension is accordingly fixed and all retiral benefits be released in favour of the petitioner latest by 31st January, 2016 along with interest @ 9% per annum from the date of retirement of the petitioner, i.e. 30-06-2013 till payment/deposit of this amount."
[5] Thereafter, one Smt. Smriti Rani Acharjee filed one writ petition against the State of Tripura and others [WP(C) No.295 of 2022], praying for counting her past service rendered as School Mother on consolidated pay for the purpose of computing her retiral benefits. A Co-equal Bench of this Court vide judgment dated 31.03.2022, relying on the decision of this Court in case of Smti. Mamata Rani Roy (Saha) (supra), allowed the said writ petition directing the respondents to count the contractual period of service rendered by the petitioner prior to her regularization and then re-compute the pensionary and other benefits which she was entitled. The said decision was challenged before the Division Bench of this Court in W.A. No.135 of 2022, wherein the Division Bench also vide judgment dated 04.07.2024 dismissed the said appeal keeping in view of the decision of this Court in case of Smti. Mamata Rani Roy (Saha) (supra).
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x7wVuCfPnH2NwOtx3Ujc4vNZvnsTB6%2Fiu70FepuDHR32&caseno=WP(C)/606/2025&cCode=1&cino=TRHC010017112025&state_code=20&appFlag=)
Disclaimer: Curated by HT Syndication.
