Niyati Rani Roy and 19 Others v. The State of Tripura and 11 Others

Judgment & Order (Oral)

03.07.2024

Heard Mr. P Roy Barman, learned Sr. counsel assisted by Mr.K Nath, learned counsel appearing for the petitioners as well as B Majumder, learned Dy. SGI appearing for the Union of India and Mr. Kohinoor N Bhattacharjee, learned GA appearing for the State respondents. [2] Common issues relating to facts and laws being involved, both the writ petitions are being disposed of by a common judgment. [3] The case of the petitioners, in a nut-shell, is that they were engaged as Anganwadi Workers (for short-AWW) and Anganwadi Helpers (for short-AWH) under the respondents and they have served the respondents for atleast 10 years or more, but they were not paid any gratuity. The petitioners who were engaged as Anganwadi Workers, were engaged on different dates in between 23.06.1983 to 01.09.2012 and the petitioners who were engaged as Anganwadi Helpers, were engaged in between

28.07.1984 to 16.01.2010.

[4] Accordingly to Mr. Roy Barman, learned Sr. counsel as per the decision in Maniben Maganbhai Bhariya vs District Development Officer, Dahod & Ors. reported in 2022 SCC ONLine SC 507 and decision of this court in Bina Rani Paul and Ors. vs. State of Tripura and Ors, MANU/TR/0185/2024 they are entitled to payment of gratuity which was denied by the State arbitrarily, without any reason. [5] Learned Dy.SGI, learned GA and learned Addl. GA, opposes the prayer of the petitioners with emphasis that the ratio of Maniben case is applicable in the perspective of State of Gujarat which is not alike the State of Tripura and as such, the ratio of Maniben case is not applicable in Tripura. [6] Learned GA referring to Paras-45, 46 and 47 of Maniben's case submits that the State of Gujarat already came up with a composite scheme on the basis of one resolution dated

25.11.2019 laying down exhaustive provisions regarding selection process, eligibility criteria, minimum academic qualification, disciplinary action etc. in respect of AWWs and AWHs which is not there in Tripura. Learned GA also submits that if there is a scheme framed by the State, the Court can ask for implementation of the same but when there is no such definite scheme framed by the State for AWWs and AWHs, the court cannot rewrite any scheme on its own. He also argues that Anganwadi center does not come within the definition of 'establishment' as envisaged under Section 1(3)(b) of the Payment of Gratuity Act, 1972. [7] Learned GA for appellant relies on a decision passed by the Apex court in State of Maharashtra & Anr. Vs. Bhagwan &

Ors. [Civil Appeals Nos. 7682-7684 of 2021] [2022 Live Law

(SC) 28], wherein it was observed that the Court should refrain from interfering with the policy decision that might have a cascading effect and have financial implications. Whether to grant certain benefits to the employees or not should be left to the expert body and undertakings and the Court cannot interfere lightly. Granting of certain benefits may result in a cascading effect having adverse financial consequences. [8] Mr. B. Majumder, learned Deputy SGI appearing for the Union of India contends that the operative part of Maniben's case is applicable in the State of Gujarat only as the said case was decided basing on a scheme of that State. Learned Deputy SGI also refers Para-67 of the judgment of Maniben's case in this regard. [9] Considered the submissions of both sides. [10] This matter is already covered by a previous decision of this court in Bina Rani Paul (supra) wherein all the points as raised from the side of the respondents were discussed.

[11] Since the matter is already covered by aforesaid previous decision of this case in Bina Rani Pal (supra), there is no further necessity to discuss in details here, the points as raised by learned GA and learned Dy. SGI in both the writ petitions. [12] In view of abovesaid decision, both the writ petitions are hereby allowed. [13] Consequently, the respondents Nos. 1 to 4 are directed to make necessary arrangement for payment of gratuity to the petitioners as per their eligibility in terms of the provisions of Payment of Gratuity

Act, 1972 along with interest @7% per annum, computing the period after expiry of 30 days from the date of retirement of respective petitioners, till the payment is made. Such exercise should be done within four months from receipt of copy of this judgment. [14] Consequently the memorandum dated

11.08.2023 (Annexure-35 of WP(C) No. 58/2024 and Annexure-127 of WP(C) 59/2024) are hereby quashed, so far it relates to the matter of the gratuity. Both the writ petitions are allowed. Interim application, if any, stands disposed of.

JUDGE

Satabdi SATABDI DUTTA Date: 2024.07.18 13:45:16 +05'30'

HIGH COURT OF TRIPURA AGARTALA WP(C) No. 58 of 2024 1. Niyati Rani Roy, CO- Monaranjan Das, R/O- Jagahari Mura Kalibari, P/O Collagetilla, P/S-West Agartala, Tripura. 2. Biplabi Saha, W/O- Bidhubushan Saha, R/O- Gomati Tripura, P/O- Gokulpur, Tripura. 3. Jirmani Marak, W/O-Mirendra Marak, R/O- South Tripura. 4. Nabami Marak, W/O-Sunirmal Marak, R/O- Hatipara Chandrapur, Dist- Gomati. 5. Anima Dey Bhatta, C/O- Binoy Krishna Bhatta, R/O- North Kashipur, P/O- Rasham Bagan. 6. Mamata Sarkar, C/O-Lt. Lalu Sarkar, R/O- Rajnagar, P/O- Agartala, Tripura. 7. Sita Rani Debnath, C/O- Lt. Upendra Debnath, R/O- West Ratacharra, Unakoti Tripura. 8. Kalpana Das, C/O- Amalya Das, R/O- Dumduma Das para, P/O- Sabroom, P/S- Sabroom, Pin-7991457. 9. Kalpana Debnath, C/O- Subas Debnath, R/O- Jogendranagar, P/O- Jogendranagar, P/S- West Agartala, Tripura. 10. Mira Roy, W/O- Lt. Nripendra Saha, R/O- Khayerpur Madhya para, P/O- Khayerpur, P/S- Bridhyanagar, Pin- 799008. 11. Gopa Ghatak, W/O- Anil Chandra Ghatak, R/O- Sukantanagar Mani Kanchan Para, P/O- S.B.C. Nagar, Dist- South Tripura. 12. Sadhana Dey, C/O- Narayan Dey, R/O- Bordowali, P/O- A.D. Nagar, P/S- A.D. Nagar, Word No- 40, Agartala, Tripura. 13. Gita Biswas (Debnath), C/O- Mitali Debnath, R/O- Anandanagar, P/S- Srinagar, Agartala, Tripura. 14. Pratima Das, W/O- Lt. Sukhamoy Das, R/O- Kanchan Bari, Unakoti Tripura, Pin-799288. 15. Niva Datta, W/O-unknown R/O-Siddhi Ashram, P/O-Siddhi Ashram, P/S- Amtali, Dist- West Tripura. 16. Minati Biswas, C/O- Satandra Chandra Biswas, R/O- East Badharghat, P/O- Dukli Madhuban, Agartala, Tripura. 17. Mira Rani Sharma, C/O- Shontosh Debnath, R/O- Ichamuya Reshambagan, P/O- Reshambagan, Agartala, Tripura. 18. Purnima Matrak, W/O- Kucha Matrak, R/O- Purbachandrapur, P/S- Udaipur, Tripura. 19. Kalpana Malakar, W/O- Lt. Dhirendra Malakar, R/O- Vill- Nayapattan, P.O- Tilabari, kailashahar, Unakoti Tripura. 20. Mira Malakar, WO- Lt. Bijoy Malakar, R/O- Vill- Kubjar, P.O- Kailashahar, Unakoti Tripura. ............ Petitioner(s) Vs. 1. The State of Tripura To be represented by the Secretary, Social Welfare and Social Education, Govt of Tripura, New Secretariat Building. New Capital Complex, Kunjaban, P.S: New Capital Complex, Agartala, West Tripura, PIN: 799010. 2. The Secretary, Department of Social Welfare and Social Education, Govt of Tripura, New Secretariat Building, New Capital Complex, Kunjaban, P.S: New Capital Complex, Agartala, West Tripura, PIN: 799010. 3. The Secretary, Department of Finance, Govt. of Tripura, New Secretariat Building, New Capital Complex, Kunjaban, P.S: New Capital Complex, Agartala, West Tripura, PIN: 799010. 4. The Director Social Welfare and Social Education Malancha, Ujan Abhoynagar, Agartala, West Tripura. 5. Child Development Project Officer, Teliamura ICDS Project, Khowai, Tripura. 6. Child Development Project Officer, Kanchanpur ICDS Project, Kanchanpur, North Tripura. 7. Child Development Project Officer, Satchand ICDS Project, South Tripura. 8. Child Development Project Officer, Kadamtala ICDS Project. North Tripura. 9. Child Development Project Officer, Kumarghat ICDS Project, Unokoti, Tripura. 10. Child Development Project Officer, Jirania ICDS Project, West Tripura. 11. Child Development Project Officer, Ranirbazar ICDS Project, West Tripura. 12. The Union of India, To be represented by the Secretary, Ministry of Women and Child Development, Govt of India, ShastriyaBhawan, New Delhi. .............Respondent(s) For Petitioner (s) : Mr. P Roy Barman, Sr. Advocate. Mr. K Nath, Advocate. Mr. D Pal, Advocate. For Respondent(s) : Mr. B Majumder, Dy.SGI. Mr. Kohinoor N Bhattacharjee, GA. Mr. D Sharma, Addl. GA. WP(C) No. 59 of 2024 1. Anita Roy, C/O- Priya Ranjan Karmakar R/O- Dhaleshwar Kamarpukur par, P.O- Dhaleshwar Kamarpukur par, Agartala, Tripura. 2. Minati Datta, C/O- Shyamal Sengupta, R/O- South Ramnagar P.E.C. Batta, Near Western Club, P/O- Agartala( West Tripura)Pin-799001. 3. Dipali Ghosh, W/O- Bishnupada Ghosh, R/O-