Sri Surajit Das and 38 Ors v. The Union of India and 2 Ors

Judgment and Order (Oral)

Heard Mr. P.K. Pal and Mr. S. Datta, learned counsel appearing for the petitioners. Also heard Mr. A. Roy Barman and Mr. S. Datta Gupta, learned counsel appearing for the respondents-Bank.

¶2By means of filing the present writ petition, the petitioners have prayed for regularization of their services.

¶3It is the case of the petitioners that they have been rendering service to the Bank-respondents for the last several years and some of the petitioners were engaged as Badly Sweepers in the year 1994, but, till today their services have not been considered for regularization. The petitioners have approached this Court by way of filing the present writ petition claiming regularization of their services as Badly Sweepers.

¶4Mr. Roy Barman, learned counsel for the respondents-Bank would contend that the services of the petitioners are not required at all. They are not engaged in regular basis. They render their services on the days as and when required. After amalgamation of United Bank of India and Punjab National Bank, the authorities concerned after assigning the

financial constraints of the bank felt it necessary that the services of such huge number of "Badly Sweepers" are not required at all.

¶5Mr. Pal, learned counsel for the petitioners has pressed into service a judgment of the Hon"ble Supreme Court of India in the case of K.C. Rajeevan & 15 Ors vs. State of Kerela & 2 Ors, (1991) 1 SCC 28 and has submitted that the petitioners have the right to claim their regularization as "Badly Sweepers".

¶6I have perused the said judgment. It appears that there is specific rule for regularization under the concerned establishment. Clause (e) of Rule 9 specifically provides for regularization of service of any person appointed under Clause (i) of Sub-rule (a) if he had completed continuous service of 2(two) years on December, 1973 notwithstanding anything contained in the rules. In that circumstance, the Hon"ble Supreme Court held that this is a clear indication that in the past the government also considered it just and fair to regularize the services of those who had in continuous service for 2 years prior to the cut-off date.

On the facts of the instant case, this judgment is not at all applicable for the reason that in the given facts there is no such rule or scheme exists under the bank-respondent.

¶7It is settled proposition of law that regularization of services of an employee is not a matter of right, but, it is a right to be considered. The authorities concerned are the best persons to decide whether the services of the present petitioners are at all required or not considering their financial position.

¶8Mr. Roy Barman, learned counsel appearing for the bank emphatically submits that the bank has been suffering from serious financial constraints and there is no scheme prevailing in the bank to regularize the "Badly Sweepers".

¶9This Court has given thoughtful consideration to facts of the case as well as the submission of learned counsel appearing for the parties. It

appears that the petitioners have been rendering their services as "Badly Sweepers", though, not regularly, but, for a long period of time.

¶10In view of this, an endeavour may be taken by the bank-respondents to consider the claim of regularization of the petitioners sympathetically within a reasonable period of time, if the bank requires the services of "Badly Sweepers".

With the above observation and directions, the instant writ petition stands disposed.

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

JUDGE

Snigdha

HIGH COURT OF TRIPURA AGARTALA WP(C) No.708 of 2021 1. Sri Surujit Das [aged about 32 yrs] S/o Bishu Ranjan Das, Village Aralia, PO: Jogendranagar PS: East Agartala, Dist: West Agartala Pin 799004 2. Sri Tapas Debnath [aged about 33 yrs] S/o Late Gouranga Debnath Village+P.O. Ranters Colony, P.S. East Agartala, Agartala, Dist: West Tripura, Pin:799004 3. Tapas Deb [aged about 35 yrs] S/o, Pradip Deb, Village + PO-Jogendranagar, Agartala, PS-East Agartala, Dist: West Tripura, Pin 799004 4. Anil Chandra Bhowmik, [aged about 47 yrs] S/o Shital Ch Bhowmik, Village + PO-Sonamura, Bejimara, PS-Sonamura, Dist Sepahijala, Pin-799131. 5. Bappi Karmakar, [aged about 35 yrs] S/o Amar Chan Karmakar, Village- Purba para, Bishalgarh, PO-&PS Bishalgarh, PIN: 799102. 6. Bibash Paul, [aged about 32 yrs] S/o Jyoti Paul, village+PO & PS- Panisagar Dist: North Tripura, PIN-799260 7. Bimal Das, [aged about 48 yrs] S/o late Lal mohan Das, Village Jatan Bari, PO-Gomati Project, PS-Jatanbari, Dist: Gomuti Tripura. 8. Chandrashekhar Majumder, [aged about 37 yrs] S/o Dilip Kumar Majumder, Village, PO & PS- Boxanagar, Dist-Sepahijala, PIN-799102 9. Dipak Das, [aged about 46 yrs] S/o Manindra Das, Village Kalibazar, PO & PS-Shantir Bazar, Dist-South Tripura, Pin-799144. 10. Jhantu Chandra Das, [aged about 37 yrs] S/o Paresh Chandra Das, Village- Town Sankar Palli, PO & PS- Amar pur, Dist-South Tripura, Pin 799101. 11. Madhab Das, [aged about 47 yrs] S/o Manoranjan Das, Village Dharmanagar, PO & PS-Teliamura, Dist-Khowai Tripura, Pin 799205. 12. Raju Shil, [aged about 33 yrs] S/O Subhash Shil Village+PO: Madhyabhuban, PS-West Agartala, Dist: West Tripura Pin 799002. 13. Ratan Banik, [aged about 33 yrs] S/o Haradhan Banik, Village GB 79 tilla, PO: Kunjaban, PS: NCC, Dist: West Tripura, Pin 799006 14. Rabindra Dey, [aged about 30 yrs] S/o Amullya Chandra Dey, Village 2 no Fulkumari, Drop Gate, PS-RK Pur, Dist-Gomati, Pin-799120 15. Rahul Chakraborty, [aged about 30 yrs] S/o Anil Chakraborty, Village Khayerpur old Agartala, PS-Old Agartala, Dist: West Tripura Pin: 799008. 16. Rahit Barua, [aged about 35 yrs] S/o Rabikanta Barua, Village: Sree Rampur, PO & PS- Kanchanpur, Dist: North Tripura, Pin: 79927. 17. Bapan Chakraborty, [aged about 31 yrs] S/O Dayel Chakraborty, Village+PO: Lembuchara, PS: Lefunga, Dist: West Tripura, Pin: 799210. 18. Alauddin Mia, [aged about 34 yrs] S/o late Malu Mia, Village: Jagatpur, Indranagar Acharjee para, PO: Abhoynagar, PS-NCC, Dist: West Tripura, PIN-799010, 19. Sankhajit Biswas, [aged about 35 yrs] S/O Sajal Biswas, Village: West Taranagar, PO: Mohanpur, PS: Sidhi Mohanpur, Dist: West Tripura, Pin: 799211. 20. Saran Debbarma, [aged about 36 yrs] S/o late Rabia Debbarma, Village Badhia Para, PO-Takur joy para, PS- Radhapur, Dist: west Tripura, Pin: 799045. 21. Brajagopal Sharma, [aged about 35 yrs] S/o Madhan Sharma, Village: Vivakanandanagar, PO &PS: Ambasa, Dist: Dhali Tripura, Pin: 799289. 22. Sankari Karmakar, [aged about 37 yrs] W/o Pradip Karmakar, Village+PO &PS- Natun Bazaar, Dist: South Tripura Pin: 799104 23. Susanta Sen, [aged about 37 yrs] S/o Haradhan Sen, Village: Sripur, PO: Hrishyumok, PS: Belonia, Dist: South Tripura, Pin: 799156. 24. Kuldip Debbarma, [aged about 34 yrs] S/o-Satish Debbarma, Village: Datta Para, PO-Ranibazar Dist-West Tripura, Pin-799045 25. Bidyot Debbarma, [aged about 27 yrs] S/o Dasharath Debbarma, Village: Jirania, PO-Birendrnagar PS-Jrianaia, Dist-West Tripura, Pin: 799045. 26. Pintu Das, [aged about 29 yrs] S/o Manindra Das, Village & PO: Khilpara Dist South Tripura, Pin 799116 27. Mithan Das, [aged about 38 yrs] S/o Lt. Arjun Das, Village: Subhash Nagar, PS & PO-Manu Bazar, Dist: South Tripura, Pin 799143. 28. Litan Debnath, [aged about 27 yrs] S/o Subrath Debnath, Village & PO-Tulamura, PS: Kakraban, Dist-South Tripura, Pin-799105. 29. Narauttam Das, [aged about 32 yrs] S/o Nagender Das, Village Bidhainagar, PO & PS-Rani Bazar, Dist-West Tripura, Pin 799055. 30. Bappi Debnath, [aged