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2025 DAILYLAW 1648 (TRI)

Arati Majumder and 37 others v. The State of Tripura and 14 others

WP(C)/496/2025 · 2025-11-04

S Datta Purkayastha

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF TRIPURA AGARTALA WP(C) No.496 of 2025 1. Arati Majumder, W/o- Amar Krishna Baidya, Village- 40 Garrage Tila, Gram Dakshin Bharat Chandra Nagar, PO- Dakshin Bharat Chandra Nagar, South Bharat Chandra Nagar, Belonia, District- South Tripura, Pin- 799155, Age- 61 years. 2. Namita Das, W/o- Gopal Chowdhury, Village- Mohamaya Bari I.C.D.S. Center, Krishnagar, Joypur, District- South Tripura, Pin- 799156, Age- 63 years. 3. Jyotsna Acharjee, W/o- Narayan Acharjee, Village- Marak Para ICDS CENTER, Village- Dakshin Rajnagar, PO- Ranjagar, VTC- Rajnagar, District- South Tripura, Pin- 799150. 4. Bimal Singh, S/o- Lt. Phamjaw Singha, Village- W-3, East Kameswar Kameswar, Kameswargaon, District- North Tripura, Pin- 799253, Age- 62 years. 5. Rekha Rani Nath, W/o- Rajendra Nath, Village- 03, Village- Panighat A.W.C. ICHAI LAL CHARRA, District- North Tripura, Pin- 799251. 6. Shefali Deb, W/o- Lt. Shyamapada Deb, Village- 181 Subhash Palli W-1, Dharmanagar Chandrapur Dharmanagar, District- North Tripura, Pin-799251, Age- 61 years. 7. Sunil Baran Goswami, C/o- Lt. Pran Gopal Goswami, Village- East Hurua A.W.C. Hurua, District- North Tripura, Pin- 799253. 8. Sabita Debnath, D/o- Sarada Mohan Debnath, Village- WARD NO- 01, Pratyekroy, VTC- Gobindapur, District- North Tripura, Pin- 799251. Age- 62 years. 9. Rita Mitra Dey, W/o- Manoranjan Dey, Village- 09/08 Ward No.- 10 Aryya Colony Belonia, VTC- Belonia Nagar Panchayet, PO- Belonia, District- South Tripura, Pin- 799155, Age- 61 years. 10. Kajal Chakraborty, W/o- Sankar Chakraborty, Village- Ward No.6 Near Sonapur Girls High School, South Sonapur Dakshin Barapathary, District- South Tripura, Pin- 799155, Age- 64 years. 11. Prativa Patari Nag, W/o- Monoranjan Nag, Village- Natun Nagar, Sub. Div- Belonia, District- South Tripura, Pin-799155, Age- 62 years. 12. Manju Muhuri Basu, W/o- Lt. Harishankar Basu, Village - Vivekanada, Colony I.C.D.S Center, Sarashima, North Sarashima, District- South Tripura, Pin-799155, Age- 61 years. 13. Dali Sharma Shil, W/o- Milan Kanti Shil, Village- Ward 8, Near post Office, Sub Division- Sabroom, District- South Tripura, Pin- 799145, Age- 63 years. 14. Kananbala Chakraborty, W/o- Paritosh Chakraborty, Village- Ward- 14, TeliamuraNagar Panchayet, PO- Teliamura, District- West Tripura, Pin- 799205, Age- 61 years. 15. Kajal PaulLodh, W/o- Mukunda Kumar Lodh, Village- 346, OARD- 6, Belonia, District- South Tripura, Pin- 799155. Page 2 of 7 16. Anjali Rani Das, D/o- Gyanendra Mohan Das, Village- Sarashima (part), PO- Belonia, District- South Tripura, Pin- 799155, Age- 61 years. 17. Manoranjan Nama, S/o- Lt. Ananta Nama, Village- 4/11, Ward No. 4 East Kakulia, North Jolaibari, Sub. Div- Santirbazar, District- South Tripura, Pin- 799141, Age- 62 years. 18. Taru Bala Das, W/o- Lt. Nepal Chandra Das, Village- Hrishymukh, PO- Hrishymukh, Belonia, District- South Tripura, Pin- 799156, Age- 64 years. 19. Chhabi Rani Saha, W/o- Sukumar Das, Village- Near Pal Para I.C.D.S LowgangBetaga, R. f, District- South Tripura, Pin- 799144, Age- 62 years. 20. Prativa Rani Datta, W/o- Manoranjan Datta, Village- Datta Park Paschim Pillak, VTC- Paschim Pillak, PO- Madhyapilak, District- South Tripura, Pin- 799141, Age- 64 years. 21. Narayan Chakraborty, S/o- Lt. Suresh Chakraborty, Village- 7/46, Ward No. 7 Hospital Para, Near Jolaibari I. NTREC. D. S CENTRE, Uttar Jolaibari, Sub. Div- Santirbazar, District- South Tripura, Pin- 799141, Age-62 years. 22. Purnima Dey, W/o- Sukhamoy Sen, Village- Kali Tilla, Matai, VTC- Matai, District- South Tripura, Pin- 799159, Age- 61 years. 23. Basanti Biswas Lodh, C/o- Sachindra Kumar Lodh, Village- Matai, Sub Division- Belonia, District- South Tripura, Pin- 799155, Age-62 years. 24. Bhagabati Nag, W/o- Swapan Chandra Nag, Village- Chittamara, Sub Div- Belonia, Rajnagar Chittamara, S.B. School, PO- Chittamara, District- South Tripura, Pin- 799155, Age- 61 years. 25. Lal Mohan Datta, S/o- Lt. Mahendra Kumar Datta, Village- Sripur, PO- Hrishyamukh, Belonia, District- South Tripura, Pin-799156, Age- 62 years. 26. Sushila Bala Ghose, W/o- Lt. Pranab Kanti Ghose, Village NO.-3, Kusum Raj I.C.D.S Center, West Paikhola, VTC- Belonia, District- South Tripura, Pin- 799125. 27. Jyotsna Das, W/o- Arjun Majumder, Village- Aryya Colony, Sarasima, PS- Belonia, Sub Division- Belonia, District- South Tripura, Pin- 799155, Age- 63 years. 28. Niranjan Sarkar, S/o- Debandra Kumar Sarkar, Village- Ashram Para Block, Rajnagar PurbaPipariakhola, District- South Tripura, Pin- 799155, Age- 62 years. 29. Kajal Choudhuri, W/o- Amar Choudhuri, Village- PurbaPipariakhola Block, PO- Rajnagar, PurbaPipariakhola District- South Tripura, Pin-799155, Age- 62 years. 30. Ratna Rani Dey, W/o- Kantilal Dey, Village- Madhya Bharat Chandra Nahar, PO- Chittamara, District- South Tripura, Pin- 799155, Age- 62 years. 31. Jayanti Saha, W/o- Lt. Punil Behari Saha, Village- 63, W-7, Near Aryya Colony School, Belonia, PS- Belonia, Nagar Panchayat, District- South Tripura, Pin- 799155, Age- 61 years. 32. Sobha Rani Debnath, W/o- Jadu Gopal Debnath, Village- 4 Near Bar Pathari High School Block- Ranjnagar, Sub.Division- BeloniaLaxmipur, PO- Barpathari, District- South Tripura, Pin- 799155, Age- 64 years. 33. Gita Baidya, W/o- Nani Gopal Baidya, Village- Shil Colony I.C.D.S Centre Metai Joykatpur, District- South Tripura, Pin- 799159, Age- 63 years. 34. Rita Datta, W/o- Swapan Kumar Datta, Village- Ward.4, Netaji Palli, Belonia, PS- Belonia, District- South Tripura, Pin- 799155, Age- 62 years. 35. Arati Muhuri, C/o- Manik Muhuri, Village- Ward 3/231 Jagneswari I.C.D.S Centre Jolaibari, South Jolaibari, Sub Division- Santirbazar, South Jolaibari Panchayat, District- South Tripura, Pin- 799141, Age- 62 years. 36. Puspa Rani Saha (Roy), W/o- Birendra Das, Village+PO- Golabari, Mouja- Krishnapur Teliamura, District- West Tripura, Pin- 799205, Age- 63 years. 37. Sadhana Roy, W/o- Lt. Nishi Kanta Roy, Village- Karaliong, P.O- Karaliong, Paschim Teliamura, District- West Tripura, Pin- 799205, Age- 62 years. 38. Rama Deb, W/o- Lt. Babul Roy, Village- 5 Margang Para, Village- Mohanrchara Bazar, Kamalnagar, PO- Mohanrchara, VTC- Kamalnagar, District- West Tripura, Pin- 799203, Age- 61 years. ……..Petitioner(s) – V e r s u s – 1. The State of Tripura, To be represented by the Secretary, Social Welfare & Social Education, Govt. of Tripura, New Secretariat Complex, Kunjaban, Agartala, West Tripura, PIN 799010. 2. The Secretary, Department of Finance, Govt of Tripura, New Secretariat Complex, Kunjaban, Agartala, West Tripura, PIN 799010. 3. The Director of Social Welfare & Social Education, Government of Tripura, Directorate of Social Welfare & Social Education, Abhaynagar, Agartala, West Tripura, Pin 799010. 4. The District Inspector of Social Education, South Tripura District, O/o the District Inspector of Social Education, South Tripura, Pin 799101. 5. The District Inspector of Social Education, North Tripura District, O/o the District Inspector of Social Education, North Tripura, Pin 799250. [As per Hon’ble Court’s order dated 31-10-2025 respondent Nos.6, 7 & 8 has been deleted……] 9. The CDPO, Hrishyamukh ICDS Project, Belonia, South Tripura, Pin- 799156. 10. The CDPO, Rajnagar ICS Project, Belonia, South Tripura, Pin- 799150. 11. The CDPO, Jolaibari ICDS Project, Santir Bazar, South Tripura, Pin- 799141. 12. The CDPO, Jirania ICDS Project, Jirania, West Tripura, Pin- 799045. Page 4 of 7 13. The CDPO, Teliamura ICDS Project, Khowai Tripura, Pin- 799205. 14. The CDPO, Kailashahar ICDS Project, Unakoti, Tripura, Pin- 700277. 15. The CDPO, Dharmanagar ICDS Project, North Tripura, Pin- 799250. …….. Respondent(s) For the Petitioner(s) : Mr. Purusuttam Roy Barman, Sr. Advocate. Ms. Sutapa Deb Barman, Advocate. For the Respondent(s) : Mr. Pradyumna Gautam, Senior G.A. Ms. R. Singh, Advocate. Date of hearing and delivery : 4th November, 2025 of Judgment & Order Whether fit for reporting : YES/NO HON’BLE MR. JUSTICE S. DATTA PURKAYASTHA JUDGMENT & ORDER (Oral) Heard Mr. Purusuttam Roy Barman, learned senior counsel appearing for the petitioners and Mr. Pradyumna Gautam, learned senior G.A. appearing for the State-respondents. [2] Admittedly, all the petitioners were appointed either as ‘Adult Literacy Teachers’ or as ‘Part-time Instructors’ under the Farmer's Functional Literacy Programme under the Department of Social Welfare & Social Education and were getting their regular honorarium. Now, it is the grievance of the petitioners that from May 2025, their honorarium has been stopped by the respondents without any reason, although they have been discharging their duties to the satisfaction of their authority. Thus, with such grievances, the present writ petition is filed with the following reliefs: “i. Issue Rule upon the Respondents to show cause as to why Writ in the nature of mandamus and/or Order or direction shall not be issued whereby directing the Respondents to allow the Petitioners to resume their duty as Adult Literacy Teachers in their existing place of posting. ii. Issue Rule upon the Respondents to show cause as to why Writ in the nature of mandamus and/or Order or direction shall not be issued whereby directing the Respondents to release arrear of pay of the Petitioners which fell due since May, 2025. iii. Issue Rule upon the Respondents to show cause as to why Writ in the nature of mandamus and/or Order or direction shall not be issued whereby directing the Respondents to accept the Work Report of the Petitioners for the month of May, 2025. iv. Make the rules absolute v. Call for records, vi. Pass any further order/orders as this Hon’ble High Court considered fit and proper.” [3] During hearing, Mr. Roy Barman, learned senior counsel, submits that a notification has been issued by the State Government on 03.09.2025 (Annexure-II to the counter affidavit submitted by the respondents), whereby the upper age for honorary services of the Adult Literacy Teachers (ALT) and Part-Time Instructors (PTI) have been fixed at 60(sixty) years, with immediate effect and until further order. The petitioners, therefore, are limiting their claim for arrear honorarium only upto August 2025, subject to their right to challenge the said notification dated 03.09.2025 in the appropriate forum. Mr. Barman, learned senior counsel, further submits that earlier in similar and identical matter, this Court had passed another judgment dated 26.09.2025, directing the respondents to make payment of wages/honorarium to the petitioners of that case from the month of May 2025 till August 2025, in terms of memorandum dated 24.02.2025 (Annexure-5 of that writ petition) within 4(four) weeks. Learned senior counsel, relying on the said judgment, further submits that in the said judgment, due to typographical mistake the date of the memorandum was written as 24.02.2025, and it would be 22.04.2025. The said memorandum dated 22.04.2025 (placed as Annexure-13 to the present writ petition), whereby the existing rate of wages/remuneration of Adult Literacy Teacher has been increased from Rs.7,077/- per month to Rs.7,289/- per month and remuneration of Part-time Instructors from Rs.6,962/- per month to Rs.7,171/- per month w.e.f. 01.04.2025. Therefore, according to Ld. Sr. Counsel, the petitioners are entitled to get their remuneration as per that memorandum. [4] Learned senior G.A., on the other hand, submits that as per the notification dated 03.09.2025, the upper age limit for rendering honorary services of said Adult Literacy Teachers and Part-time Instructors have been fixed at 60 years and, therefore, the services of the petitioners were stopped and payment of remuneration was also not made to them. Learned senior G.A. has relied on paragraph Nos.6 & 7 of his counter affidavit. [5] This Court has given due consideration to the submissions of both sides and also have considered the materials placed in the record. [6] In the writ petition, it is categorically stated by the petitioners that they were discharging their duties and responsibilities to the full satisfaction of the respondents but, despite the same, their honorarium was stopped. The upper age limit for above said post was made 60 years only by notification dated 03.09.2025 and, therefore, the services rendered by the petitioners till August 2025 cannot be denied even if they have crossed the said upper age limit of 60 years prior to issuance of said notification. Moreover, the State has derived the benefits of their services during that period. [7] This Court, in case of Part time Instructors, in a similar situation, in the case of Adhir Chakraborty & Ors. vs. The State of Tripura & Ors., WP(C) No.495 of 2025, decided on 26.09.2025, directed the respondents in the following terms: “8. In view of the above discussions, the writ petition is allowed. The respondents are directed to make the payment of the wages of the petitioners for the period from May, 2025 till August, 2025 in terms of Memorandum dated 24.02.2025 [Annexure-5 to the writ petition] within 4(four) weeks of receipt of copy of this order. 9. It is clarified that this order will not stand as a bar for the petitioners to challenge the notification dated 03.09.2025 [Annexure-II to the counter affidavit] in due course, in any appropriated forum in accordance with law. 10. With the above observations and directions, the writ petition is disposed of. Connected application(s), if any, shall also stand disposed of.” [8] In the counter affidavit it is also stated by the respondents that one of the present petitioner, namely Arati Majumder, was engaged as Adult Literacy Teacher and not as Part-time worker. There is no denial from the side of respondents that the petitioners have not discharged their duty till August 2025. [9] In view of the above discussion, the writ petition is allowed. The respondents are directed to make the payment of the wages/remuneration to the petitioners for the period of May 2025 to August 2025 in terms of the memorandum dated 22.04.2025 (Annexure-13 of the present writ petition) within 4(four) weeks of receipt of copy of this order. It is admitted by the respondents that Arati Majumder was engaged as Adult Literacy Teacher, so her remuneration should be paid as per the rate meant for Adult Literacy Teacher. It is also further clarified that this order will not stand as a bar for the petitioners to challenge the notification dated 03.09.2025, issued by the Government of Tripura in Education (Social Welfare & Social Education) Department, Tripura (Annexure-II to the counter affidavit) in due course in any appropriate forum in accordance with law. With such observations and directions, the writ petition is disposed of. Pending application(s), if any, shall also stands disposed of. JUDGE Dinashree RUDRADEE P BANERJEE Digitally signed by RUDRADEEP BANERJEE Date: 2025.11.06 16:25:09 +05'30'