Saibal Das S/o Late Upendra Chandra Das v. State of Tripura, Represented by the Secretary, Department of Health
2017-07-25
S.TALAPATRA
body2017
DigiLaw.ai
JUDGMENT AND ORDER : 1. Heard Mr. A.K. Bhowmik, learned senior counsel assisted by Mr. R. Dutta, learned counsel appearing for the petitioners and Mr. T.D. Majumder, learned G.A. appearing for the respondents. 2. These writ petitions being WP (C) No. 784 of 2017 [Sri. Saibal Das vs. State of Tripura and Others] and WP (C) No. 817 of 2017 [Sri. Nirmal Kr. Das vs. State of Tripura and Others] are consolidated for disposal by a common judgment as an identical controversy wades through these writ petitions. 3. The grievance as canvassed in these writ petitions by the petitioner is that even though they are senior in terms of the finally published seniority list, Annexure-1 to the writ petition being WP (C) No. 784 of 2017, but the private respondents’ the juniors in the grade of Radiographers have been nominated for training which would enhance their capacity and specialization in operating certain diagnostic machines. 4. Mr. Bhowmik, learned senior counsel appearing for the petitioners has submitted that if the trainings are imparted to the junior Radiographers who are working under the Health and Family Welfare Department, Government of Tripura, by virtue of the enhanced capacity they will be posted in the super specialty hospitals inasmuch as the diagnostic machines are not installed anywhere else. Mr. Bhowmik, learned senior counsel has further referred to a previous decision of this Court in Tridip Banik vs. State of Tripura and Others (judgment and order dated 18.12.2015 in WP (C) No. 560 of 2015) where this Court had occasion to observe as under: “After they are trained, the petitioner is apprehensive that they would be given financial benefits, preference in the promotion or the upward movement in the service when, for no fault of the petitioner he would suffer. I find adequate substance in the submission of Mr. Sarkar, learned counsel appearing for the petitioner. But at the same time, the court cannot just take a legalistic view when the state is not having the required guidelines. These arrangements therefore are treated by this court as a transitional arrangement subject to formulation of the proper guidelines within a reasonable time in as much simply because someone is posted in a farflung area despite his all qualifications to get the training and the higher position in the seniority list cannot be deprived from the training.
These arrangements therefore are treated by this court as a transitional arrangement subject to formulation of the proper guidelines within a reasonable time in as much simply because someone is posted in a farflung area despite his all qualifications to get the training and the higher position in the seniority list cannot be deprived from the training. There must be a transparent policy for sending the persons for training as the trained people may be favoured with some incentive in the form of financial benefits or they may be given preference in the matter of promotion or the movement to the higher scale or in giving the assignments with higher responsibilities or even posting. These apprehensions are therefore not totally without any basis. Having regard to the undertaking made before this court this court is disposing this writ petition in terms of the following directions on the respondents No. 1, 2 and 3 that in future the junior Radiographers who have been sent for the training in CT scan/ MRI shall not be given financial or service benefits depriving the petitioner or superseding his seniority position. Moreover, whenever the next opportunity would come the petitioner shall first be accommodated for such training as already two juniors of the petitioner have been sent for such training. The records as produced by Mr. S. Chakraborty, learned Addl. G.A. is returned.” (Emphasis added) 5. Mr. Bhowmik, learned senior counsel appearing for the petitioners has submitted that despite the said observation of the Court, the respondents have not changed their approach in nominating the comparatively, junior technical persons sending for training. In this backdrop, the order G.O. No. F. No. 4 (5-197) AGMC/Academic/Training/Trauma/2016/ 6716-25 dated 10.07.2017 (Annexure-4 to the writ petition) issued by the Director of Health Services, Government of Tripura has been challenged in this writ petition. 6. Mr. T.D. Majumder, learned G.A. appearing for the respondents has submitted that during pendency of this writ petition, the Director of Health Services, Government of Tripura has already asked the Principal AGMC and GBP Hospital, Agartala to frame guidelines for nominating the person for purpose of training. It has been undertaken that the order of the Hon’ble High Court should strictly be followed. 7. Mr.
It has been undertaken that the order of the Hon’ble High Court should strictly be followed. 7. Mr. T.D. Majumder, learned G.A. appearing for the respondents has further submitted that the official respondents have already taken initiative so that the petitioners can be accommodated in the second batch whose training would start from 01.08.2017. In view of the steps taken by the respondents, the writ petitions are allowed with the following directions: (i) The official respondents shall frame the policy for selecting the persons for purpose of training to be conducted in future selection be made strictly in accordance with the said guidelines. The persons are to be selected/nominated for purpose of training from the seniors in the grade. Unless the writ petitioners are accommodated in the said training programme, the persons who are nominated by the impugned order dated 10.07.2017, shall not be sent for the training. 8. As such, the alternative as is available to the official respondents is that either to send the petitioners by dropping the nominated two persons who are admittedly junior to the petitioners. The official respondents shall prefer either of the alternatives and the result shall be communicated to the petitioners by 29th of July, 2017. 9. In the result, this writ petitions stand allowed and disposed of, to the extent as indicated above. There shall be no order as to costs. A copy of this order be furnished to the learned counsel appearing for the parties.