Dipak Bhattacharjee vs State Of Tripura And Ors.

Heard Mr. P. Maishan, learned counsel appearing for the petitioner as well as Mr. GS Bhattacharjee, learned counsel appearing for the respondents.

The undisputed facts as emerged in this writ petition are that the petitioner has been working with the respondents since 02.12.1977. But the petitioner has been shown as working as the Part-Time worker (PTW) since 02.12.1997. The petitioner has on the contrary asserted that he has been working on the full time basis. The petitioner has further submitted that he has been driving the vehicles of the respondents on full time basis. In this respect, the petitioner has referred a letter of the District Magistrate and Collector, West Tripura District dated 03.12.2013 (Annexure P-2 to the writ petition). The text of the entire letter is reproduced hereunder for purpose of making reference:

N.F.2(3)-DM/W/ESTT/BLOCK/VOL-VII/2013/3196-97

GOVERNMENT OF TRIPURA

OFFICE OF THE DISTRICT MAGISTRATE & COLLECTOR

WEST TRIPURA DISTRICT

(ESTABLISHMENT SECTION)

Dated, 30th December,2013

To,

The Additional Secretary to the Government of Tripura,

Rural Development Department, Agartala.

Sub: Proposal for regularization of Service of Sri Dipak Bhattacharjee, PTW, Mohanpur R.D. Block

Sir,

Apropos to the subject noted above, I would like to disclose the following facts in regard to the regularization of the service of Sri Dipak Bhattacharjee, PTW, Mohanpur R.D. Block.

Information/Records available reveal that it is fact Sri Dipak Bhattacharjee was engaged as PTW since 1979 with the approval of the Government in the Finance Department vide memo No. F.10(62)-FIN(G)/78 dated 18.12.1979.

In reference to the letter of this office No. F.2(3)-DM/W/Estt/Block/ Vol-III/5251-52/83 dated 10.09.1990 (enclosed) discloses that Sri Bhattacharjee, PTW having valid license has acquired the practical experience in the field of driving of car at Mohanpur R.D. Block.

Due to acute shortage of driver in the Block level, the service of Sri Bhattacharjee has been utilized for driving of Block vehicle since 1990 for which there can be no doubt/confusion that Sri Bhattacharjee has been performing his duties as full time basis since 1990. Presently, he has been performing his duties as a driver of an Ambulance vehicle No. TR-01-F-1035 which provided with Mohanpur CHC.

Considering the fact stated above, I would like to request you to kindly take up the matter with the appropriate authority to accord approval for regularization of service of Sri Dipak Bhattacharjee on regular scale of pay compassionately as he has already completed more than 33 years as a PTW.

Yours faithfully

Sd/

District Magistrate & Collector West Tripura District

[Emphasis is supplied to highlight the relevant fact]

It transpires clearly from the official records that the petitioner was engaged as PTW in the year 1979 with the approval of the Government of Tripura vide memorandum No. F.10(62)-FIN(G)/78 dated 18.12.1979. From the office letter no. F.2(3)-DM/W/Estt/Block/Vol-III/5251-52/83 dated 10.09.1990 it has transpired that the petitioner has acquired valid driving license and he has practical experience in the field of driving. Paragraph 3 of the said letter has revealed that due to acute shortage of driver in the block level, the service of the petitioner is utilized for driving the government vehicles since 1990. In this regard, there cannot be any doubt/confusion that the petitioner has been performing his duties as "full time basis" since 1990. Presently, the petitioner has been discharging the duty as driver of an ambulance bearing no. TR- 01-F-1035, which is attached to the Mohanpur CHC. This aspect has not been disputed by the respondents. The said letter of the District Magistrate & Collector addressed to the Additional Secretary, Government of Tripura, Rural Development Department had been referred in paragraph 5 of the writ petition and the text thereof has been virtually reproduced. Paragraph 13 of the reply deals with the said paragraph 5 of the writ petitioner, where the respondents have stated as follows:

"the petitioner has been performing his duty as part time worker for 04 hours daily and his services are utilized at times due to acute shortage of driver. The letter of BDO, Mohanpur RD Block No. F.3(2)-BDO/MNP/ESTT/2013-14/11454 dated 13.12. 2013 (Annexure P-3) is a communication by which the BDO proposed the name of the petitioner to the DM & Collector, West Tripura, to take necessary steps for selection and appointment of the petitioner as driver with ex-post facto approval as the petitioner completed 33 years as a part time worker. The DM & Collector, West Tripura considering the proposal of the BDO took initiative and proposed the name of the petitioner to the Government of Tripura (Annexure P-2 to the writ petition) for the regularization of the service of the petitioner considering that he has been performing his duty on full time basis being the driver of vehicle TR-01-F-1035 of the Mohanpur CHC and has completed 33 years of service as PTW".

[Emphasis added]

Therefore, there is no denial of the fact as asserted by the petitioner. This court, on the contrary, is surprised that the State has come forward to contest the case of the petitioner for regularization. After serving on full time basis since 1990, the petitioner has the legitimate claim for regularization as the driver (Group C) under the Rural Development Department and as such the respondents are directed to regularize the petitioner on considering that he has completed more than 10 years of service working as the casual worker (driver-Group „C‟) and he had completed 10 years of service according to the statement of the District Magistrate & Collector and that has been acceded to by the respondents by their reply. The petitioner had completed 10 years of service much prior to 01.07.2008. Therefore, the petitioner shall be considered for regularization within a period of 3 months from the date when the copy of this order shall be submitted by the petitioner to the respondents. In terms of the memorandum under no. F.10(2)-FIN(G)/2008(Part) dated 01.09.2008, the petitioner shall be regularized with all financial benefits. However, the arrears pay and allowances may not be immediately released to the petitioner. It may be kept in the GPF for a period of 5(five) years but the pay and allowances in the regular scale be paid forthwith.

With this observation and direction, this writ petition stands allowed and disposed of. No order as to costs.

A copy of this order be furnished to the learned counsel appearing for the parties.