Tarun Kanti Ghosh S/o Late Harimohan Ghosh v. State of Tripura, Represented by its Secretary-cum-Commissioner to the Department of Health and Family
2016-09-28
S.C.DAS
body2016
DigiLaw.ai
JUDGMENT AND ORDER : 1. Heard learned counsel, Mr. A. Bhowmik for the petitioner and learned Addl. G.A., Ms. A.S. Lodh for the respondents. 2. The writ petition is taken up for final disposal at the admission stage itself. 3. On 20.09.2016 after hearing learned counsel of both side, this Court passed following order: “Heard learned counsel, Mr. A. Bhowmik for the petitioner and learned Addl. G.A., Mrs. A. S. Lodh for the State-respondents. The contention of the petitioner is that he is serving as the Assistant Professor of Regional Institute of Pharmaceutical Science and Technology (RIPSAT), Govt. of Tripura and that he is the Sr. most person in the common seniority list of the Assistant Professors serving in the institute. It is contended by learned counsel, Mr. Bhowmik that both degree and diploma level courses are conducted by the institute and the petitioner was appointed at the time when the institute was only conducting diploma courses. In the year 1998 degree course was introduced and some faculty members were appointed for degree level institute. According to Mr. Bhowmik, a common seniority list was prepared for the faculty members of both diploma and degree level and there was a decision that the post of Principal shall be filled up on the basis of that seniority list. Respondent No. 3 was appointed as Principal-incharge in the year 1997 and he has retired on 31.12.2015. After his retirement one Dr. Biplab De was appointed by order dated 31.12.2015 but subsequently that order was cancelled and again Mr. B.B. Goswami, the respondent No. 3 was reemployed after his retirement for one year. It is submitted by Mr. Bhowmik that in an earlier writ petition the respondents took the stand that the present petitioner is the senior most person after retirement of respondent No. 3 and so, the petitioner has become eligible for appointment as Principal and to deprive the petitioner, respondent No. 3 has been reemployed. Learned Addl. G.A, Mrs. A. S. Lodh submitted that there is a recruitment rules for the post of Principal of RIPSAT. She further submitted that the post of Principal is filled up from the faculty members of the degree level institute.
Learned Addl. G.A, Mrs. A. S. Lodh submitted that there is a recruitment rules for the post of Principal of RIPSAT. She further submitted that the post of Principal is filled up from the faculty members of the degree level institute. She also submitted that initially there was a common seniority list prepared but subsequently that common seniority list was cancelled and a separate seniority list has been maintained and the post of Principal is filled up from the senior most faculty members of the degree level institute. Appointment, services and discipline etc. of a public servant shall be according to the service rules. Since it is submitted by learned Addl. G.A. Mrs. A. S. Lodh that there is a service rule for the Principal, but no such rule has been produced before the Court, I direct that learned Addl. G.A. shall produce a copy of the service rule in respect of appointment of the Principal in RIPSAT on the next date. List the matter on 28.09.2016 as a part heard item. A copy of the order may be supplied to learned Addl. G.A. on payment of usual cost.” 4. Mr. Bhowmik, learned counsel for the petitioner submitted a copy of the recruitment rule notified by the State Govt., dated, December 7, 2000, in respect of appointment to the post of Principal, RIPSAT under the Health and Family Welfare Deptt., Govt. of Tripura. As per the said recruitment rule, it is an admitted position that the post of Principal has to be filled up either by promotion failing which by transfer/deputation and failing both, by direct recruitment. The essential qualification also has been prescribed for filling up the post of Principal. The petitioner is working as the Assistant Professor in the Diploma level of the institute. It is submitted by Mr. Bhowmik, learned counsel that there is none in the faculty members at the degree level, eligible for promotion to the post of Principal. 5. Learned Addl. G.A., Ms. A.S. Lodh has submitted that respondent No. 3 has been reemployed as a temporary arrangement till the regular appointment of Principal is made according to the rules. 6. Learned counsel, Mr.
Bhowmik, learned counsel that there is none in the faculty members at the degree level, eligible for promotion to the post of Principal. 5. Learned Addl. G.A., Ms. A.S. Lodh has submitted that respondent No. 3 has been reemployed as a temporary arrangement till the regular appointment of Principal is made according to the rules. 6. Learned counsel, Mr. Bhowmik has submitted that there is no person in the degree level faculty for promotion to the post of Principal and if as per rules direct recruitment is made, the petitioner may be a candidate for appointment as a direct recruit. 7. Since rule does not permit for promotion from the faculty member of diploma level, the writ petition is liable to be disposed of. 8. The State respondents are directed to take step as early as possible for appointment to the post of Principal according to the rules framed by the State-respondents. Reemployment is permissible only as a matter of exigency to run the administration when regular employment as per the rule is not possible. It cannot perpetuate. So, the respondents should take immediate step to fill up the post as per rules. 9. The writ petition accordingly stands disposed of.