Sri Kanai Lal Sharma v. The State of Tripura and 4 Others

Order 23/04/2024 By means of filing the instant batch of writ petitions, the petitioners have prayed for regularization of their services which they have been rendering for last more than 10 years being engaged on contract basis as ministerial [non-teaching] staff under 'Samagra Shiksha Abhiyan' (for short, 'SSA') Programme. It is pertinent to mention herein that the non-teaching staff under 'SSA' Programme have already approached the State-respondents claiming their regularization, but, the State-respondents have turned down such request since their appointments and service conditions are governed and regulated by the Govt. of India in terms of the 'SSA' Programme, and the State is only the implementing agency.

Heard Mr. Somik Deb, learned senior counsel assisted by Mr. P. Chakraborty, learned counsel appearing for the petitioners in WP(C) No.167 of 2022, WP(C) No.168 of 2022, WP(C) No.169 of 2022, WP(C) No.173 of 2022, WP(C) No.230 of 2022, WP(C) No.819 of 2022 and WP(C) No.851 of 2022, Mr. P. Roy Barman, learned senior counsel assisted by Mr. Kawsik Nath, learned counsel appearing for the petitioners in WP(C) No.212 of 2022. Also heard Mr. S.S. Dey, learned Advocate General assisted by Ms. A. Chakraborty, learned counsel appearing for the State-respondents and Mr. B. Majumder, learned Dy. SGI appearing for the respondent-Union of India in WP(C) No.212 of 2022. At the very outset of hearing of the writ petitions, this Court has proposed to dispose of the present writ petitions with a direction upon the State Government to take up the matter with MHRD, Govt. of India within a period of 3(three) months as to whether any scheme can be formulated for regularization of those ministerial [non-teaching] staff appointed under SSA Programme on contract basis. Both the parties have agreed to the proposal and consented to dispose of the writ petitions with the direction as proposed by this Court. In view of this, the State-respondents are directed to take up the claims of the petitioners raised in the writ petitions with the concerned ministry of the Govt. of India to examine as to whether any scheme can be formulated for regularization of the non-teaching staff appointed on contract basis under the 'SSA' Programme. In the light of the above directions, the State-respondents will approach the Govt. of India highlighting the grievance of the petitioners within a period of 3(three) months from today. On receipt of such representation, the concerned ministry of the Govt. of India shall decide the matter of regularization of the non-teaching staff appointed under the 'SSA' Programme within a period of 7(seven) months thereafter. With the aforesaid directions and observations, the instant batch writ petitions stand disposed. Pending application, if any, shall also stand disposed.

JUDGE

Rohit SAIKAT KAR by SAIKAT KAR Date: 2024.04.23 16:21:07 +05'30'

HIGH COURT OF TRIPURA AGARTALA WP(C) No.167 of 2022 Sri Arju Prasad Chakraborty and 3 Ors. ….Petitioner(s) Versus The State of Tripura and 4 Ors. ….Respondent(s) Alongwith WP(C) No.168 of 2022 WP(C) No.169 of 2022 WP(C) No.173 of 2022 WP(C) No.212 of 2022 WP(C) No.230 of 2022 WP(C) No.819 of 2022 WP(C) No.851 of 2022 For Petitioner(s) in WP(C) No.167 of 2022 WP(C) No.168 of 2022 WP(C) No.169 of 2022 WP(C) No.173 of 2022 WP(C) No.230 of 2022 WP(C) No.819 of 2022 WP(C) No.851 of 2022 : Mr. Somik Deb, Sr. Advocate Mr. P. Chakraborty, Advocate For Petitioner(s) in WP(C) No.212 of 2022 : Mr. P. Roy Barman, Sr. Advocate Mr. Kawsik Nath, Advocate For respondent(s) : Mr. S. S. Dey, Advocate General Mr. B. Majumder, Dy. SGI Ms. A. Chakraborty, Advocate HON'BLE MR. JUSTICE ARINDAM LODH