Dr. Chandan Debnath vs The State Of Tripura & 3 Ors
2023 Latest Caselaw 473 Tri

                                  HIGH COURT OF TRIPURA
                                        AGARTALA

                                    WP(C) 352 of 2023

Dr. Chandan Debnath
                                                                                  ----Petitioner
                                            Versus
The State of Tripura & 3 Ors.
                                                                               ----Respondent

For Petitioner(s)                     : Mr. P. Roy Barman, Sr. Adv.
                                        Mr. D. Paul, Adv.
For Respondent(s)                     : Mr. D. Bhattacharjee, GA.

                     HON'BLE MR. JUSTICE T. AMARNATH GOUD

                                            ORDER

02.06.2023

This is a petition under Article 226 of the Constitution of India for

directing the respondents to quash and cancel the order dated 06.05.2023 passed

by the Mission Director, National Health Mission, Tripura and for modification of

memorandum dated 21.01.2022 issued by the Executive Secretary, Governing

Body of State Health & Family Welfare Society, so that uniformity is maintained

among homogenous group of Medical Officers as there is no dissimilarity situated

Medical officers so far date of retirement is concerned.

[2] Aggrieved thereby the petitioner has approached this court seeking

following reliefs:

(i) Issue Rule upon the respondents to show cause as to why writ in the nature of mandamus and/or order/direction shall not be issued whereby quashing and cancelling the order dated 06.05.2023 issued vide F.No.1(271)- AYUSH/SHFWS/NHM/2023/3713-3772, passed by the Mission Director, National Health Mission, Tripura so far the petitioner is concerned.

(ii) Issue Rule upon the respondents to show cause as to why writ in the nature of mandamus and/or order/direction shall not be issued whereby directing the respondents to modify the memorandum dated 21.02.2022 so that uniformity is maintained among homogenous group of medical officers as there is no dissimilarity among similarity situated medical officers so far date of retirement is concerned.

(iii) Make the rules absolute.

      (iv)    Call for records.
       (v)    Pass any further order/orders as this Hon'ble High court considered fir for proper.



[3]           Heard learned counsel for the parties.


        [4]             It    is    seen      from    the      record    that    the   petitioner   has   filed    a

        representation        dated      29.05.2023         before      the     respondents    ventilating        his

grievance, but the same is still pending till date.

[5] In view of the above and without expressing any opinion on the merit

of the case, this court disposes of the writ petition directing the respondents to

consider the representation dated 29.05.2023 of the petitioner within one week

from the date of receipt of copy of this order. The petitioner is also at liberty to

furnish relevant judgments before the respondents in support of his grievances.

[6] With the above observation and direction, this present writ petition

stands disposed of. As a sequel, stay if any stands vacated. Pending

application(s), if any also stands closed.

                                                                                                JUDGE




                 Digitally signed by DIPAK

 DIPAK DAS       DAS
                 Date: 2023.06.02
                 15:51:07 +05'30'
Dipak