Quashed

Manasa Das and Ors. v. the Union of India and Ors.

Tripura HC6 Nov 2017WP(C)/613/2017

Case brief

AI extract

What is this about?

The High Court of Tripura dealt with a writ petition by Anganwadi workers seeking recognition of 50% service rendered for pension. Finding the Government had approved counting this service via a memo dated 5.8.2017, the court held the petition infructuous but ordered settlement of benefits.

What did the court decide?

Writ petition disposed of as infructuous; directed respondents to settle pension and retiral benefits within three months.

Noting by Officer or Serial Date Advocate No	Office notes, reports, orders or Proceedings with signature
06.11.	W. P.(C) No.613 of 2017 Smt. Manasa Das and Ors. …………Petitioners – Vs – The Union of India and Ors. …………Respondents For the petitioners:Mr. Somik Deb, Adv. For the respondent No.1:Mr. B. Majumder, CGC For the respondents No.2 & 3:Ms. A. S. Lodh, Adv. B E F O R E THE HON’BLE MR. JUSTICE S. TALAPATRA 2017
	Heard Mr. Somik Deb, learned counsel appearing for the petitioners as well as Mr. B. Majumder, learned CGC appearing for the respondent No.1 and Ms. A. S. Lodh, learned Addl. G.A. appearing for the respondents No.2 and 3. By means of this writ petition, the petitioners have urged this court for directing the respondents to allow 50 per cent of the service that the petitioners have rendered as the Anganwadi worker to be counted towards the qualifying service for pension and other retiral benefits. Ms. A. S. Lodh, learned Addl. GA appearing for the respondents No.2 and 3 has at the outset submitted a

Noting by Officer or Serial Date
Advocate No

Office notes, reports, orders or
Proceedings with signature

06.11.

W. P.(C) No.613 of 2017
Smt. Manasa Das and Ors.
…………Petitioners
– Vs –
The Union of India and Ors.
…………Respondents
For the petitioners**:Mr. Somik Deb, Adv.
For the respondent No.1:Mr. B. Majumder,
CGC
For the respondents No.2 & 3:**Ms. A. S. Lodh,
Adv.

B E F O R E
THE HON’BLE MR. JUSTICE S. TALAPATRA
2017

Heard Mr. Somik Deb, learned
counsel appearing for the petitioners as
well as Mr. B. Majumder, learned CGC
appearing for the respondent No.1 and Ms.
A. S. Lodh, learned Addl. G.A. appearing
for the respondents No.2 and 3.
By means of this writ petition, the
petitioners have urged this court for
directing the respondents to allow 50 per
cent of the service that the petitioners
have rendered as the Anganwadi worker to
be counted towards the qualifying service
for pension and other retiral benefits.
Ms. A. S. Lodh, learned Addl. GA
appearing for the respondents No.2 and 3
has
at
the
outset
submitted
a

Noting by Officer or Serial Date Advocate No	Office notes, reports, orders or Proceedings with signature
	memorandum under No.F.34(601)-
	DSWE/LA/2017/3556(9) dated 09.08.2017
	which reads as under:
	“Consequent upon the Writ Petition (Civil) No.613 of 2017 filed by Smt. Manasa Das, Smt. Namita Bhattacharjee and Smt. Sabita Paul, Ex. Supervisor (ICDS) before the Hon’ble High Court of Tripura on the ground that they had work as Anganwadi Worker for about 27 years, 29 years and 27 years respectively and they have been promoted to the post of Supervisors (ICDS) but they did not get pensionary benefit on superannuation on the plea that they did not complete minimum ten years of service on regular pay scale of supervisor (ICDS). The matter of counting 50% of service
	period as Anganwadi Worker for
	calculation of pensionary benefits
	in respect of Smt. Manasa Das, Smt. Namita Bhattacharjee and Smt Sabita Paul has carefully
	. been examined land referred to
	the Law Department and Finance
	Department, Government of Tripura for examination.
	Now based on approval of Finance
	Department vide U.O. No.753
	FIN(G) dated 5.8.2017 the Child
	Development Project Officer of
	Kadamtala ICDS Project, North
	Tripura District is directed to
	process the retirement proposal to the AG Tripura, Agartala in respect of Smt Manasa Das Smt Namita
	. , . Bhattacharjee and Smt. Sabita
	Paul Ex Suervisors (ICDS) for
	, . p pensionary benefits after taking in
	to account 50% of services
	rendered as Anganwadi Worker by
	Smt. Manasa Das, Smt. Namita
	Bhattacharjee and Smt Sabita
	. Paul, Ex. Supervisors (ICDS)
	based on relevant records under intimation to this Directorate .”
	[Emphasis added]
	In view of this memorandum, the
	writ petition has become infructuous. It

Noting by Officer or Serial Date
Advocate No

Office notes, reports, orders or
Proceedings with signature

memorandum
under
No.F.34(601)-

DSWE/LA/2017/3556(9) dated 09.08.2017

which reads as under:

“Consequent
upon
the
Writ
Petition (Civil) No.613 of 2017
filed by Smt. Manasa Das, Smt.
Namita Bhattacharjee and Smt.
Sabita Paul, Ex. Supervisor (ICDS)
before the Hon’ble High Court of
Tripura on the ground that they
had work as Anganwadi Worker
for about 27 years, 29 years and
27 years respectively and they
have been promoted to the post of
Supervisors (ICDS) but they did
not get pensionary benefit on
superannuation on the plea that
they did not complete minimum
ten years of service on regular pay
scale of supervisor (ICDS). The
matter of counting 50% of service

period as Anganwadi Worker for

calculation of pensionary benefits

in respect of Smt. Manasa Das,
Smt. Namita Bhattacharjee and
Smt Sabita Paul has carefully

.
been examined land referred to

the Law Department and Finance

Department,
Government
of
Tripura for examination.

Now based on approval of Finance

Department
vide
U.O.
No.753

FIN(G) dated 5.8.2017 the Child

Development Project Officer of

Kadamtala ICDS Project, North

Tripura
District
is
directed
to

process the retirement proposal to
the AG Tripura, Agartala in respect
of Smt Manasa Das Smt Namita

. , .
Bhattacharjee
and
Smt.
Sabita

Paul Ex Suervisors (ICDS) for

, . p
pensionary benefits after taking in

to
account
50%
of
services

rendered as Anganwadi Worker by

Smt. Manasa Das, Smt. Namita

Bhattacharjee
and
Smt
Sabita

.

Paul,
Ex.
Supervisors
(ICDS)

based on relevant records under
intimation to this Directorate
**.” **

[Emphasis added]

In view of this memorandum, the

writ petition has become infructuous. It

Noting by Officer or Advocate	Serial Date No	Office notes, reports, orders or Proceedings with signature
		has been categorically observed there that after taking into account 50 per cent of the service rendered as Anwganwadi worker by Smt. Manasa Das, Smt. Namita Bhattacharjee and Smt. Sabita Paul, Ex. Supervisor (ICDS), the petitioners herein, their pension and the retiral benefits would be counted. The respondents are therefore, directed to settle their pension and retiral benefits within a period of three months so that the petitioners do not face further hardship in this regard. In terms of the above, the writ petition is disposed of. No costs. A copy of the memorandum dated 19.08.2017 is made part of this record for future reference.
MB		JUDGE

Noting by Officer or
Advocate

Serial Date
No

Office notes, reports, orders or
Proceedings with signature

has been categorically observed there that
after taking into account 50 per cent of the
service rendered as Anwganwadi worker
by
Smt.
Manasa
Das,
Smt.
Namita
Bhattacharjee and Smt. Sabita Paul, Ex.
Supervisor (ICDS), the petitioners herein,
their pension and the retiral benefits would
be counted.
The
respondents
are
therefore,
directed to settle their pension and retiral
benefits within a period of three months so
that the petitioners do not face further
hardship in this regard.
In terms of the above, the writ
petition is disposed of.
No costs.
A copy of the memorandum dated
19.08.2017 is made part of this record for
future reference.

JUDGE

Manasa Das and Ors. v. the Union of India and Ors.

Case brief

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Manasa Das and Ors. v. the Union of India and Ors.

Case brief

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