Tripura High Court
Mr. Somik Deb vs Mr. D. Bhattacharya on 7 March, 2022
HIGH COURT OF TRIPURA
AGARTALA
Cont.Cas(C)No.110 of 2019
For Petitioner(s) : Mr. Somik Deb, Sr. Adv.
For Respondent(s) : Mr. D. Bhattacharya, Sr. Adv.
HON'BLE MR. JUSTICE S. TALAPATRA
Order
07/03/2022
Heard Mr. Somik Deb, learned senior counsel appearing for the
petitioner as well as Mr. D. Bhattacharjee, learned senior counsel appearing for
the respondents.
Mr. Somik Deb, learned senior counsel appearing for the petitioner
has submitted that there is apparent violation of the direction of this court
contained in the order dated 10.10.2018 delivered in WP(C)No.532 of 2017. By
the said judgment, this court had directed inter alia as follows :
"......the respondents No.1, 2 and 3 are directed to
examine whether a scheme for regularization of Dental
Surgeons who have rendered long service under the
National Health Mission can be adopted by the State
Government to tap the service of the experienced dental
surgeons who are working under the contractual
appointment or to give security to service of the
petitioner. If such scheme is formulated or framed by the
State for purpose of regularizing the services of the
contractual Dental Surgeons employees treating them as a
special category, the petitioner shall be considered under
such scheme for regularization, notwithstanding the
dismissals.
The respondents No.1, 2 and 3 shall take a decision
whether such scheme as a onetime measure can be
adopted by the State of Tripura or not. Such exercise shall
be completed within a period of 6 (six) months from the
day when the petitioner shall furnish a copy of this order
to the Secretary & Commissioner to the Government of
Tripura, Department of Health Services."
Mr. Somik Deb, learned senior counsel has submitted that within
such six months no concrete decision has been taken by the respondents.
However, from such records as collected by the petitioner it emanates that the
State has decided not to create any ex-service cadre post. It has been also
decided that there is need to expand the strength of Tripura Dental Service and
for that purpose, a committee was formed by the notification dated 19.12.2018
[Annexure-R/3 to the reply filed by the respondents] to review the cadre service in
order to make recommendation to the government. The proposal for review of the
cadre strength as recommended by the said committee that the cadre strength
shall be increase 318 meaning 132 more posts will be added to the existing
strength of 186.
The grievance of the petitioner is that thereafter nothing has been
done in order to ameliorate the grievance of the petitioner.
But Mr. D. Bhattacharya, learned senior counsel assisted by Mr. P.
Saha, learned counsel appearing for the respondents has stated that the said
statement is not entirely correct inasmuch as by dint of Tripura Dental Services
Rules has been amended by Tripura Dental Services (2nd Amendment) Rules,
2021, published in the Tripura gazettee dated 06.09.2021. He has produced a file
containing the said notification.
It appears therefrom the cadre strength has been slightly upgraded
and the notification has been issued by the Department on 20.08.2021.
Having recorded those development, this court is of the view that
there is no element of contempt, even though, the result has not been liked by
the petitioner.
Accordingly, this proceeding stands closed.
The notice as issued earlier stands recalled.
JUDGE
Sabyasachi B
