Tripura High Court
Sri Rajib Das vs The State Of Tripura on 4 April, 2023
HIGH COURT OF TRIPURA
AGARTALA
WP(C) 49 of 2023
1. Sri Rajib Das,
S/o- Sri Haradhan Das, R/o- Shantir Bazar,
P.O & P.S- Shantir Bazar ,
District- South Tripura, Pin-799144,
Aged about-41 years.
2. Sri Debdulal Pal,
S/o- Lt. Abinash Ch. Pal, R/o- Vill:- Town Sonamura,
Udaipur, P.O & P.S- R.K Pur, District-Gomati,
Pin-799120, Aged about -45 years.
---Petitioners
Versus
1. The State of Tripura
Represented by its Principal Secretary, Health and Family Welfare
Department, Govt. of Tripura, New Secretariat Complex, P.O-Secretariat,
P.S.- New Capital Complex, District- West Tripura, Pin-799010.
2. The Director of Health services,
Govt. of Tripura,
P.O- Agartala, P.S- West Agartala,
District: West Tripura, Pin:799001.
3. The Principal Secretary,
Finance Department, Govt. of Tripura, New Secretariat Complex, P.O-
Secretariat, P.S- New Capital Complex, District: West Tripura, Pin-
799010.
--- -Respondents
For the Petitioner(s) : Mr. A. Bhaumik, Advocate
For the Respondent(s) : Mr. D. Sarma, Addl. G.A.
HON'BLE MR. JUSTICE ARINDAM LODH
Order
04.04.2023
Heard Mr. A. Bhaumik, learned counsel appearing for the
petitioners. Also heard Mr. D. Sarma, learned Addl. G.A. appearing for
the respondents.
Two petitioners have filed this writ petition for their regularisation
and absorption to the post of Radiographer under the respondents.
Background
facts are that a Division Bench of this Court while
hearing the appeals filed by the State-appellants, respondents herein, it
was submitted by the State-appellant that there was no vacant post to
regularize the services of the writ petitioners. In that situation, the Court
had passed the following order:-
"10. In the result, by modifying the impugned
judgment of the learned Single Judge it is provided that
the original petitioners shall be regularized on the post
of Radiographer on the existing vacancies in the
permanent set up, if so available. If not, against the
earliest vacancies which may arise. Till this is done, the
petitioners shall be paid minimum of the scale
prescribed for the post of Radiographer which would
include basic pay plus prevailing dearness allowance
but no other allowances."
, Accordingly, the State-respondents had allowed them the
minimum basic pay plus dearness allowance meant for the post of
Radiographer. Thereafter, the petitioners had filed an application under
Right to Information Act to know how many posts were lying vacant. It
was informed to them by the Information Officer that 28(twenty eight)
posts were lying vacant, but the said posts were lapsed. The petitioner had
served demand notice to the competent authority of the respondents
requesting to revive the said posts/vacancies. In reply to that notice, it
was informed to them vide communication dated 30.11.2022, issued by
the Directorate of Health Services, Government of Tripura that their
claims for revival of the lapsed posts is under active consideration.
In view of communication dated 30.11.2022, I direct the
respondents i.e. The Director, Health and Family Welfare Department to
expedite the process for revival of the lapsed posts preferably within
3(three) months from today and regularize the services of the petitioners
accommodating them against the revived vacant posts.
With the aforesaid observation and directions, the instant writ
petition stands allowed and disposed.
JUDGE
Rohit
