Swapan Das And Ors vs State Of Tripura And Ors

[1] These petitions arise in common background, they have been heard together and would be disposed of by this common judgment.

[2] Facts being similar we may notice them from WP(C) No.620/2019.

[3] The petitioner has prayed for a direction to the respondents to release the difference in pay between 1st July, 2008 to 15th January, 2016. This prayer arises in following background:

The petitioner initially joined the post of Group - D as a Contingent Worker under the Power Department, Government of Tripura on 19th February, 1997. Thereafter, the petitioner has been posted on different duties. The petitioner along with other colleagues had filed WP(C) No.250/2012 seeking regularisation in terms of the scheme framed by the Government under memorandum dated 1st September, 2008 on the basis of their entitlement. Learned single Judge of this Court disposed of the said petition by a judgment dated 26th November, 2014 in following manner:

"4. Mr. B. Datta, learned counsel appearing for the respondent Nos.1 & 2 as well as Mr. P. Chakraborty, learned counsel appearing for the respondent Nos. 3, 4 and 5, have submitted that it cannot be denied that in view of the rectified database as to the category of engagement, the petitioners are well covered by the memorandum dated 01.09.2008, Annexure-D to the writ petition, and they are eligible to be regularised w.e.f. 01.07.2008.

This court appreciates the fairness of the learned counsel appearing for the respondents.

Having regard to the changed circumstances as ushered in the rectified database, the respondent Nos. 1 and 2 in particular are directed to regularise the services of the petitioners in their respective categories in terms of the Memorandum No.F.10(2)-FIN(G)/2008(Part), dated 01.09.2008, Annexure-D to the writ petition, within a period of 3(three) months from the day when the petitioners shall submit a copy of this order to the respondent Nos. 2 and 3 and to release their pay and allowances in terms thereof. As an abundant caution, the respondent Nos. 3, 4 and 5 shall forward a copy of the corrected database as regards the date of engagement, age, qualification and the category of engagement of the petitioners for due consideration by the respondent No.2, within a week from the day of receiving a copy of this order from the petitioners.

With this observation and direction, this petition stands allowed. There shall be no order as to costs."

[4] Pursuant to the said judgment, Tripura State Electricity Corporation passed an order dated 5th March, 2016 in which while granting the benefit of regularisation of service to all the petitioners from 1st July 2008, restricted the financial benefits pursuant to such regularisation only from 21st December, 2015. In other words, their pay fixations from 1st July, 2008 to 21st December, 2015 would be on notional basis without actual payment of difference in salary.

[5] In this background, the petitioners have filed these fresh petitions and claimed the above-referred prayer.

[6] Relevant portion of the earlier decision of this Court dated 26th November, 2014 has been reproduced above. The Court had thus directed the respondents to regularise the services of petitioners in the respective categories w.e.f 1st July, 2008. While doing so, the Court had also directed that the respondents shall release their pay and allowances in terms of such regularisation. Thus, the directions of the Court were clear namely, not only to regularise the petitioners in the respective posts w.e.f. 1st July, 2008, but also to release their pay and allowances in terms of such regularisation.

[7] In that view of the matter, the respondents could not have passed the order regularising the petitioners w.e.f 1st July, 2008 but limiting the actual monetary benefit from 21st December, 2015 only. The Court having directed the respondents to regularize the petitioners from a particular date and to pay them the pay and allowances on such basis, decision not to grant the actual difference in salary, is not in consonance with the directions issued by the Court. Under the circumstances, the respondents are directed to release the difference in salary in favour of the petitioners for the period between 1st July, 2008 till 21st December, 2015. This shall be done within a period of 4(four) months from today. All petitions are disposed of.

Pending application(s), if any, also stands disposed of.