Tripura High Court: Arindam Lodh, J. dismissed a petition filed for issuing writ of mandamus calling upon the respondents to show cause as to why the petitioner should not be made regular in the post of Scientific Assistant with all consequential service benefit.
Petitioner was first engaged on contract basis w.e.f. 30-10-2003 with the conditions that the authority may cancel the engagement letter at any point of time without any reason and without any prior notice before expiry of contract period. The petitioner completed 10 years of service on 07-11-2013. After completion of 10 years of his contract service, he prayed for regularization of his service in the post of Scientific Officer. The case of the petitioner was not considered, which prompted him to approach this court by filing the present petition.
The Court from the submissions of counsel appearing for the State-respondents noted that Department concurred to the proposal of Urban Development Department for creation of 1(one) post of Scientific Assistant in Kumarghat Municipal Council, subject to obtaining concurrence of the Finance Department. Further a note dated 21-12-2017 mentioned that “Finance Department concurs with the proposal of the Department for creation of 1(one) post of “Scientific Assistant” to accommodate one Sri Nipu Roy who was appointed on 31-10-2003 in Kumarghat Municipal Council subject to approval of Council of Ministers.” But, till today the Government has not taken any decision in regard to the creation of the said post.
The Court further held that ‘it is not within the domain of this Court to direct the State- Government to create any post. It is absolutely within the domain of the State policy.”
The petition was dismissed finding no merits however the Court remarked that since the petitioner has been rendering his valuable service, liberty is given to him to file a representation before the appropriate authority to consider the decision of the said Note dated 21-12-2017 since it is evident that service of one Binay Bhusan Paul who was engaged under the same engagement letter dated 10-11-2003 had been regularized w.e.f. 22-11-2011.
[Nipu Roy v. State of Tripura, 2022 SCC OnLine Tri 485, decided on 19-07-2022]
Advocates who appeared in this case :
Mr C.S.Sinha, Advocate, for the Petitioner(s);
Mr P.K.Dhar, Sr. G.A., Mr A. Dey, Advocates, for the Respondent(s).
*Suchita Shukla, Editorial Assistant has reported this brief.
