Tripura High Court
Dr. Partha Sarathi Pal vs The State Of Tripura And 5 Ors on 3 May, 2024
Author: Arindam Lodh
Bench: Arindam Lodh
Page 1 of 3
HIGH COURT OF TRIPURA
AGARTALA
WP(C) No.520 of 2022
Dr. Partha Sarathi Pal
....Petitioner(s)
Versus
The State of Tripura and 5 Ors.
....Respondent(s)
For the Petitioner(s) : Mr. S.M. Chakraborty, Sr. Advocate
For the Respondent(s) : Mr. Somik Deb, Sr. Advocate
Mr. K. De, Addl. GA
Mr. Raju Datta, Advocate
Mr. P. Chakraborty, Advocate
Mr. D. Sarma, Addl. GA
HON'BLE MR. JUSTICE ARINDAM LODH
Order
03/05/2024
By means of filing the present writ petition, the petitioner has prayed
for following reliefs:
"(a) admit the petition;
AND
(b) issue Rule NISI upon the respondents to show cause as to
why the Notification dated 28-09- 2016 (Annexure-10) shall not
be quashed and/or set aside so far the private respondent Nos.4
and 5 are concerned;
AND
(c) as to why the provisional seniority list dated 12-12-2017
(Annexure-14), the provisional seniority list dated 23-11-2018
(Annexure-17) and the provisional seniority list dated 08- 04-
2020 (Annexure-19) shall not be quashed and/or set aside;
AND
(d) as to why the State respondents shall not be directed to re-
fix the seniority of the petitioner at Serial No.2 just below the
name of Dr. Asis Debbarma in the Department of Biochemistry,
Agartala Government Medical College and GBP Hospital,
Agartala;
AND
(e) as to why all consequential benefits of fixation of such
seniority of the petitioner at Serial No.2, below the name of Dr.
Asis Debbarma so far promotion to the next higher post,
fixation of salary, etc. shall not be done forth-with;
AND
(f) after hearing the petition this Hon'ble Court may be pleased
to make the Rule absolute in the light of the prayers made
above;
AND
(g) any other appropriate writ or direction, order or orders as
may be found appropriate, may be issued / passed by this
Hon'ble Court."
In response to an advertisement no.09/2016 published on 22.09.2016 in
a local newspaper, the petitioner, Dr. Partha Sarathi Pal had applied for the
post of Assistant Professor in the stream of Biochemistry. He was selected
and he received the offer of appointment to the post of Assistant Professor,
Department of Biochemistry in Agartala Government Medical College and
GBP Hospital, Agartala vide memorandum dated 13.01.2017(Annexure-12
to the writ petition). The petitioner, accordingly, joined and his joining
report was accepted by the competent authority under memorandum dated
24.06.2017 along with others on regular basis as Assistant Professor.
The provisional seniority list was published by the respondents-State
under notification dated 12.12.2017(Annexure-14 to the writ petition) where
the seniority position of the petitioner has been shown at serial no.4 i.e.
below Dr. Dilip Kumar Das(Date of joining 28.09.2016), Dr. Subhojit
Das(date of joining 28.09.2016) and Dr. Asis Debbarma(date of joining
01.10.2016).
From the said provisional seniority list, it transpires that the date of
joining of the petitioner on regular basis was mentioned as on 31.01.2017.
The petitioner, Dr. Partha Sarathi Pal has submitted representation raising
objection to the said seniority positions mentioned in the provisional
seniority list dated 12.12.2017.
It is informed by learned counsel appearing for the parties that the said
objection of the petitioner was under consideration of the respondents-State
which has been mentioned at para 10 of the counter affidavit of the
respondents-State.
At this juncture, Mr. Deb, learned senior counsel appearing for
respondent no.4 has submitted that the petitioner has no locus to challenge
the seniority position of the respondent no.4 because his dated of joining on
regular basis was on an earlier date than that of the date of joining of the
petitioner. It is further argued that the petitioner has no right to challenge the
order issued by the respondents absorbing the respondent no.4 as Assistant
Professor on regular basis w.e.f. 28.09.2016 which was made by invoking
the Rule 29 embodied in Tripura Medical Education (Administrative &
Faculty) Service Conditions Rule, 2015(for short, Rule of 2015).
The said process of absorption invoking Rule 29 of the said Rule of
2015 was questioned by one Dr. Tanmoy Deb in WP(C) No.1172 of 2019
titled as Dr. Tanmoy Deb vs. The State of Tripura and Ors. On perusal of
the said judgment, I find that learned Single Judge of this Court has
dismissed the writ petition without granting any relief to the petitioner
whereby and whereunder he has challenged the process of absorption of the
respondent no.4 herein and others. Dr. Tanmoy Deb had preferred an intra-
court appeal which also was dismissed.
However, Mr. Chakraborty, learned senior counsel for the petitioner
has submitted that the said writ petition was on different context and cannot
be of any relevance to decide the claims raised in the present writ petition.
Keeping in mind the aforesaid provisions and the rule contained in Rule
29 of the said Rule of 2015, at this stage, I refrain myself to sit over the
process undertaken by respondents to determine seniority position of the
petitioner as well as the respondent no.4 and other similarly situated
Assistant Professors. However, I direct the respondents-State to complete the
process and publish the final seniority list within a period of 3(three) months
from the date of receipt of the copy of this order
The instant writ petition stands disposed in the above terms.
JUDGE
Snigdha
SAIKAT Digitally signed
by SAIKAT KAR
KAR Date: 2024.05.04
15:07:02 +05'30'
