The State of Tripura and 2 Ors v. Sri Indrajit Debnath and 65 Ors

JUDGMENT & ORDER (ORAL)

[ 1 ] By means of filing the present intra court appeals the State-appellants have challenged the following directions passed by the learned Single Judge in WP(C ) No.181 of 2021 and other connected writ petitions: " ………………

Thus, the Government is under constitutional duty to consider the absorption of the petitioners after creation of posts of GDA in the regular establishment. Exercise of creation of posts shall be completed within six months from today as the petitioners are discharging duties of GDAs. On survey, it has appeared that those assignments are perennial in nature, not a stop-gap mechanism. The enhancement of the wages as directed above shall be made within a period of three months from the day when a copy of this judgment will be made available to the respondents.

As such, this court cannot pass the similar direction for regularization. However, considering the fact that the petitioners are working for about 11 years and discharging all the duties and responsibilities of a regular GDA (Grade-IV), the government shall take that initiative for creation of equal number of posts and consider absorbing the petitioners on assessment of their performance within a period of three months from the day of creation of the posts, as aforementioned. It is ordered accordingly.

………………….. "

[ 2 ] We have heard Mr. Kohinoor N. Bhattacharyya, learned Govt. Advocate appearing for the State-appellants and Mr. P. Roy Barman, learned Senior Counsel assisted by Mr. Kawsik Nath, learned counsel appearing on behalf of the writ-petitioners/respondents.

[ 3 ] At the very outset, Mr. Bhattacharyya, learned G.A. has limited his argument to the direction for creation of posts by the Government within a period of six months from the date of the judgment passed by the learned Single Judge. However, Mr. Bhattacharyya, learned, G.A. has not touched other directions passed by this Court in the said judgment. [ 4 ] Mr. Roy Barman, learned Sr. Counsel has submitted that the observation of the learned Single Judge of this Court that the post of GDA is a perennial in nature and considering the requirement of GDAs throughout the State, it is the obligation of the Government to create 416 posts which were originally created on daily rated basis. [ 5 ] We have considered the submissions of the learned G.A. appearing for State-appellants. We are of the opinion that the judgment passed by the learned Single Judge may be modified to the extent of the direction that the Government is to create posts within six months for the purpose of regularization and absorption of the respondents-writ petitioners. Accordingly, the direction passed by learned Single Judge to the extent as indicated above is set aside because it is settled proposition of law that a Court has no power to direct the Government to create posts. It is absolutely within the domain of the Government. The Court has no experience or expertise to determine the requirements of the posts to be created by the Government. [ 6 ] Another aspect is necessary to be considered in the context of the case that creation of posts is always to be considered on the aspect of financial position of the State Government. Keeping this position of law apart, it is also settled that regularization or absorption is not a matter of right, but it is a right to be considered by the employer, herein the Government.

[ 7 ] Accordingly, this portion of the judgment, 'to the extent of the direction of creation of posts within six months from the date of passing of the judgment', is set aside and quashed. The direction for consideration of the creation of posts and absorption of the appellants is left open to the Government.

In terms of the above observations and direction, the instant appeals are partly allowed and disposed of.

Interim order staying the operation of judgment and order dated

25.11.2022 stands vacated. Pending application(s), if any, stands disposed.

(S. DATTA PURKAYASTHA, J)

(ARINDAM LODH, J)

Riki SATABDI DUTTA Date: 2024.02.14 14:13:32 +05'30'

HIGH COURT OF TRIPURA AGARTALA WA No.118 of 2022 1. The State of Tripura, represented by the Secretary, Health & Family Welfare Department, Government of Tripura, New Capital Complex, New Secretariat Building, Agartala West Tripura. 2. The Director of Health Services, Government of Tripura, P.N. Complex, Gurkhabosti, Agartala West Tripura. 3. The State of Tripura, represented by the Secretary, Finance Department, Government of Tripura, having his office at Civil Secretariat, P.O. Secretariat Complex, P.S. New Capital Complex, Sub-Division, Agartala, West Tripura. ………..Appellant(s). Versus 1. Sri Dipak Das, S/o Sri Haripada Das, Resident Dashamighat, Ramsundar Nagar P.O. Battala, Agartala, District West Tripura, Pin-799001. 2. Smt. Gita Das, W/o of Haradhan Das, R/O- Bhattapukur, Baluchar, P.O: A.D. Nagar, Agartala. 3. Sri Ajit Kumar Biswas, S/o Lt. Manmohan Biswas, R/O Amtali P.L. home, P.O: Amtali, West Tripura-799130. 4. Sri Haripada Sukla Das, S/O Lt. Ramdayal Sukla Das, R/O Bagmara, Amtali, West Tripura-799130. 5. Smt. Sipra Das, D/O Lt. Nani Gopal Das, W/O Lt. Nepal Das, R/O A.D. Nagar Surya Para, PO: A.D. Nagar, Agartala. 6. Sri Pradip Biswas, S/O Sudhir Biswas, R/O Rampur, Gangail Road, PO: Ramnagar, Agartala, West Tripura. 7. Sri Biswajit Debbarma, S/O-Lt. Jamini Kumar Debbarma, R/O Old Kalibari Lane, Krishnagar, Agartala. 8. Smt. Sabitri Das, W/O Ratan Biswas, R/O-Hapania Madhya Para, South Badharghat, PO: ONGC, West Tripura. 9. Sri Sudip Das, S/O-Lt. Narendra Ch. Das, R/O- Border Rampur, Agartala West Tripura. 10. Smt. Mithu Deb Chowhan, W/O- Dipak Chowhan, Kalitilla, R/O Bhattapukur, North Badharghat, Agartala, West Tripura. 11. Smt. Smriti Das (Deb), W/o-Lt. Prabhas Das, R/O-Vidyasagar Palli, PO:I.C. Nagar, Amtali, West Tripura. 12. Sri Satya Narayan Sutradhar, S/O-Lt. Amulya Ch. Sutradhar, R/O- Joynagar, Dashamighat, Agartala, West Tripura. 13. Sri Sridham Acharjee, S/O-Lt. Nani Gopal Acharjee, R/O Pratapghar, PO: Pratapghar, Agartala, West Tripura. 14. Smt. Sarupa Sarkar, D/O- Kunja Mohan Sarkar, R/O- Baidyermura, PO: Kemtali, Melaghar, Sepahijala Tripura. 15. Sri Narayan Ch. Deb, S/O-Milan Ch. Deb, R/O- Paschim Bhubanban, Agartala, West Tripura. 16. Sri Amritlal Das, S/O- Amulya Ch. Das, R/O-Hapania Durga Para, P.O: ONGC, West Tripura. 17. Sri Utpal Sarkar, S/O- Jitendra Sarkar, R/O-Haripur, Muchitilla, PO: I.C. Nagar, West Tripura. 18. Smt. Suchitra Rani Das, W/O- Gakul Das, R/O-East Barjala, Lichubagan, Agartala West Tripura. 19. Sri Shyamal Ch. Das, S/O- Murari Mohan Das, R/O- Howaibari, PO: Twichindrai, Teliamura, Khowai Tripura. 20. Sri Biswajit Roy Chowdhury, S/O- Ram Gopal Chowdhury, R/O Kalitilla-Bhattapukur, Agartala West Tripura. 21. Sri Ashim Saha, S/O-Lt. Sailen Saha, R/O-Ranjit Nagar, PO: Ramnagar, Agartala, West Tripura. 22. Smt. Aparna Rani Shil, D/O- Tarapada Shil, R/O- East Champamura, PO: Old Agartala, West Tripura. 23. Sri Pradip Debnath, S/O-Lt. Birendra Debnath, R/O- Noabadi, PO: Birendra Nagar, Jirania, West Tripura. 24. Smt. Sipra Saha (Poddar), W/O- Lt. Sankar Podder, R/O- Noagaon, Krishnagar, East-Agartala, West Tripura. 25 Smt. Bandana Rani Ghosh, W/O- Manik Chakraborty, R/O-Khash Madhupur, Amtali, West Tripura. 26. Smt. Tanuka Shil, D/O-Matilal Shil, R/O- Bhati-Abhoynagar, Agartala, West Tripura. 27. Smt. Padma Rani Deb, W/O- Lt. Nepal Ch. Deb, R/O-Battala, PO: Agartala, West Tripura. 28. Smt. Anima Mukharjee (Sinha), W/O-Ranjan Kr. Sinha, R/O-Purba Dukli, East Pratapgarh, West Tripura, Agartala. 29. Smt. Matali Begen, D/O-Md. Ayet Ali, R/O, Gangail Road, Ramnagar, Agartala, West Tripura. 30. Smt. Manika Das, W/O-Ajit Kumar Das, R/O- South Badharghat, Ramthakur Para, PO: Chari Para, West Tripura. 31. Sri Nitai Ch. Roy, S/O-Lt. Mangal Ch. Roy, R/O-Roy Colony, PO:-Amtali, West Tripura. 32. Sri Sudarshan Deb, S/O- Sulkumar Deb, R/O- Vidyasagar Palli, IC. Nagar, West Tripura. 33. Sri Jayanta Bhowmik, S/O-Ashit Bhowmik, R/O-R.K. Nagar, Sukanta Palli, PO: Khash Noagaon, Bodhjungnagar, West T