Suman Majumder v. Union of India and 3 Others

Order 26/02/2024

Heard Mr. S. Sarkar, learned senior counsel assisted by Mr. P. Chakraborty, learned counsel for the petitioner. Also heard Mr. B. Majumder, learned Deputy SGI appearing for the respondent-Union of India. By means of filing the instant writ petition, the petitioner has prayed for the following reliefs: "In the premises aforesaid, it is, therefore, most respectfully prayed that Your Lordships may be pleased to admit this petition, call for the records, issue rule calling upon the respondents to show cause as to why a Writ in the nature of-

i) Certiorari shall not be issued setting aside and quashing the letter dated 13.09.2023 whereby the extension of the tenure of the petitioner till 26.11.2023 (about 2 months) in contrary to the actual end of tenure, and/or

ii) Mandamus shall not be issued directing the Respondents to extent the tenure of GC & EB Members for a further period of two years instead of till 26.11.2023 as per the constitution of the Lalit Kala Adademi with all benefits as it existed at the time of passing of the appointment order and thereafter, and

iii) Mandamus directing the respondents to keep the impugned orders in abeyance till disposal of the present petition AND/OR Upon such causes shown be pleased to make the Rule absolute and/or pass such further order and/or direction as Your Lordships may deem fit and proper in the interest of justice AND Pending disposal of the writ petition, Your Lordships may be pleased to pass an order in the interim staying/suspending the operation of the extension order dated 13.09.2023."

Mr. Sarkar, learned senior counsel appearing for the petitioner has submitted that today is the last day of the tenure of the petitioner as a member of the General Council of Lalit Kala Akademi and member of Executive Board of Finance Committee. Mr. Majumder, learned Deputy SGI, appearing for the respondents has drawn my attention to a letter dated 24.11.2023 (Annexure R-2 to the counter affidavit) issued by the Government of India wherein the Ministry of Culture had granted an extension of 3 (three) months of the service tenure of the petitioner. Mr. Majumder, has further submitted that at present the tenure of the service of the petitioner is protected under the second paragraph of the letter dated 24.11.2023 by which the service of the petitioner is protected till formation of new General Council. It is further submitted that the new General Council has not been formed till today. I have gone through the letter dated 24.11.2023 (Annexure R-2 to the counter affidavit). As per the letter dated 24.11.2023 (Annexure R-2 to the counter affidavit), the service tenure of the petitioner is protected, and hence, no direction in this regard by this court is called for. Accordingly, the instant writ petition stands disposed. Pending application(s), if any, also stands disposed.

JUDGE

SAIKAT KAR Date: 2024.02.26 17:52:42 +05'30'

HIGH COURT OF TRIPURA AGARTALA WP(C) 710/2023 Suman Majumder ----Petitioner(s) Versus Union of India and 3 ors. ----Respondent(s) For Petitioner(s) : Mr. S. Sarkar, Sr. Advocate Ms. P. Chakraborty, Advocate For Respondent(s) : Mr. B. Majumder, Deputy SGI HON'BLE MR. JUSTICE ARINDAM LODH