High CourtsSingle Bench(2023) 11 TP CK 0002

Maya Dey vs State Of Tripura, Represented By Its Principal Secretary, Food, Civil Supplies And Consumer Affairs Department, Govt. Of Tripura, New Secretariat Building, P.O: Kunjaban, P.S.: New Capital Complex, District-West Tripura, PIN-799006 & Others

Tripura High Court · Decided on 17 November 2023

HON’BLE JUDGES
Arindam Lodh, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No. 364 Of 2022

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Judgment

10 paragraphs · 260 words

Arindam Lodh, J

The instant writ petition has been filed by the petitioner who has been working as Part Time Worker(PTW) for treating him as Daily Rated Worker(DRW) since he has completed 10 years of service as PTW.

It is the contention of the petitioner that under memorandum dated 07.11.2012 issued by the Government of Tripura, the petitioner is entitled to be treated as DRW after completion of 10 years of service as PTW.

Mr. Debbarma, learned Addl. GA has submitted that the memorandum dated 07.11.2012 has been repealed in the year 2018 by a policy decision of the government and at present there is no such policy.

The claim of the petitioner to treat him as DRW from his status of PTW cannot be claimed as a matter of right. Furthermore, there is no such policy exists at present to engage a PTW as the DRW.

Added to it, if the petitioner has any right to be engaged as DRW from PTW, then his right was accrued in the year 2012 itself when he completed his 10 years’ of service. But the petitioner has only approached this Court in the year 2022.

In my opinion, the instant writ petition is absolutely barred by the doctrine of delay and laches.

However, I direct the respondents to consider the prayer of the petitioner as and when the policy was introduced by the government on the subject in issue.

In view of the above, I do not find any merit in the instant writ petition.

Accordingly, the instant writ petition stands dismissed.