Anamika Majumder vs State Of Tripura And Ors

Akil Kureshi, CJ

[1] This appeal is filed by the original petitioner No.2 challenging the judgment of the learned Single Judge dated 31.03.2016 in Writ Petition No.114 of 2015. The petition was filed by three persons, the appellant is only one who has carried the matter in appeal.

[2] The appellant was engaged as an ultrasonograph Attendant in the year 2008 in a medical college namely, Tripura Medical College & Dr. B.R. Ambedkar Memorial Teaching Hospital when the same was under the management of private organization. It appears that the State Government decided to take over the management of the said medical college and entrust the same to a society constituted by the State Government. This happened in the year 2009. The society decided to continue with the existing staff of the institute and over a period of time absorbed them in the regular set up. Since 2009 thus the appellant continued discharging her duties for the said society. Sometime in the year 2015 the society framed a structure for absorption of the staff of the erstwhile private management of the institution. The appellant was fitted against her original post by granting pay protection. However, her expectation was that she should have been absorbed against a higher post. This was on the basis that though she had entered the service as a graduate, over period of time she had attained post graduation qualifications. We are informed that the appellant holds the degree of post graduation in Sociology as well as diploma in Computer Application. The learned Single Judge did not issue any directions in favour of the appellant or any other petitioners but merely made a recommendation for consideration of the appellant for being absorbed in higher post either by way of promotion or direct recruitment. Aggrieved by the said judgment, appellant has filed this appeal.

[3] Having heard learned counsel for the parties and having perused documents on record, we see no reason to interfere with the view of the leaned Single Judge. It may be that the appellant is over qualified for the post on which she is absorbed. However, as an employee of the erstwhile management, she had no vested right to be absorbed in new organization by virtue of which she would be attached to a semi govt. post. In any case, when the newly constituted society had created and sanctioned requisite number of posts as per the Medical Council of India directories, their onus at best could have been to ensure that the existing staff is not downgraded. On this score the appellant has raised no grievance. Her expectation that being highly over qualified for the post in question she should have been absorbed in a higher post, has no legal backing.

[4] Nevertheless the concerned respondents cannot ignore the observations and directions issued by the learned Single Judge in paragraphs 15 and 16 of the judgment which read as under:

"15. It appears from the records and from the affidavits that this aspect of the matter was not at all considered by the governing body of the society else the petitioners would have been absorbed at least in the post of senior attendant either by way of promotion as per the recommendation of the committee or by way of absorption against the direct recruit quota. In that event, the petitioners would be in the same category i.e. group D and in the same pay scale of Rs. 4,530-13,000/- (PB-1) but they would have received a little bit higher grade pay i.e. Rs.1,400/-.

Having alive of the jurisdictional limit, the respondents are directed to consider the absorption of the petitioner in the post of Senior Attendant by way of promotion in the mode as recommended by the three member committee or by way of recruitment within a period of three months from today."

[5] Neither counsel was able to state whether these directions have been carried out or not. If not carried, the same shall be done within a period of three months from today.

[6] Appeal is disposed of accordingly. Pending application(s), if any, also stands disposed of.