Sri. Chandan Debnath v. The State of Tripura and 3 Ors

Order

06/12/2023

Heard Mr. P. Roy Barman, learned senior counsel assisted by Mr. Koomar Chakraborty, learned counsel appearing for the petitioner. Also heard Mr. D. Sarma, learned Addl. GA appearing for the respondents-State.

By way of filing the present writ petition, the petitioner has prayed for enhancing the wages applicable to the employees of the District Rural Development Agency(for short, DRDA). The petitioner was first engaged as Data Entry Operator(for short, DEO) on contract basis in the year 2007. Time to time his contractual service has been extended and he is still working as contractual employee under the DRDA. Some proposals have been initiated for extending the benefit of enhanced wages to the DEOs. It is evinced from the memorandum dated 06.03.2018 that the benefit of enhanced wages have been extended to eleven DEOs and four DEOs have been left out. The DRDA has approved in its Governing Body meeting to extend the benefit of enhanced wages as per rule to the petitioner, but till today it has not been extended. From the minutes of 30th Governing Body meeting of the DRDA, Dhalai held on 28.12.2018, it is found under Agenda 7 that the issue of adopting the Revised ROP, 2018 of the State of Tripura had been placed in the House for discussion and the House had approved to release the pay of the employees of DRDA, Dhalai Staff as per Revised ROP, 2018(First amendment).

Mr. Sarma, learned Addl. GA has submitted that the petitioner is not entitled to any enhanced wages as he has been outsourced.

From the various minutes of the Governing Body of DRDA, it comes to light that the DRDA has made proposals for extending the benefit of enhanced wages in favour of the petitioner but it has not been extended till date. Since similarly situated eleven DEOs had already been provided the benefit of enhanced wages as per rule, prima facie, I find, it is a clear case of discrimination, and in view of the above, I am inclined to remit the matter back to the competent authority of the DRDA, who, in consultation with the Finance Department, Govt. of Tripura will decide as to why the petitioner shall not be provided with the benefit of enhanced wages as per the rule.

Accordingly, the matter is remitted back to the Project Director, DRDA, Dhalai to take a decision afresh as regards extending the benefit of enhanced wages to the petitioner.

The entire process shall be completed within a period of 6(six) months from today. To decide the dispute, the concerned departments may consider the memorandum dated 06.03.2018(Annexure-5 and 6 to the writ petition) as well as memorandum dated 07.06.2020 issued by the Project Director, DRDA, Unakoti District, Kailashahar..

The present writ petition stands disposed in the above terms.

JUDGE

Snigdha SANJAY GHOSH Date: 2023.12.08 15:47:24 +05'30'

HIGH COURT OF TRIPURA AGARTALA WP(C) No.69 of 2022 Sri Chandan Debnath [[ ….Petitioner(s) Versus The State of Tripura and 3 Ors. [[ ….Respondent(s) For the Petitioner(s) : Mr. P. Roy Barman, Sr. Advocate Mr. Koomar Chakraborty, Advocate For the Respondent(s) : Mr. D. Sarma, Addl. GA [ HON'BLE MR. JUSTICE ARINDAM LODH