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Judgment
O R D E R
Heard learned senior counsel, Mr. P. Roy Barman for the petitioner and learned counsel Mr. Bhaskar Debbarma, for the respondent nos. 1 to 3.
Despite service of notice, the respondent no.4 has not appeared.
The matter is being taken up for hearing as on earlier occasion, it was submitted from the side of the petitioner that the petitioner is going on retirement on 31st October, 2026 and therefore unless the writ petition is heard and disposed of meanwhile, the very purpose of filing the writ petition will be frustrated.
Scope was also accordingly given to the respondents to submit affidavit-in-opposition, if any.
The grievance of the petitioner is that he is the senior most Officer in the cadre of Health Services in Tripura Tribal Areas Autonomous District Council [for short, TTAADC] and vide order dated 12.01.2023 [Annexure-2 to the writ petition] he was promoted to the post of Principal Chief Medical Officer, Grade-I from Grade-II post. Subsequently, another modification order was issued on 17.01.2023 [Annexure-3 to the writ petition] by which his designation was modified from Principal Chief Medical Officer to Medical Officer, Grade-I. Challenging the said memorandum/modification order, the present writ petition has been filed.
It is argued by learned senior counsel, Mr. Roy Barman that not only the designation of the present petitioner was changed, rather a junior officer (respondent no.4) who has meanwhile gone on retirement was given posting as Principal Officer (Health and Family Welfare), Grade-I, TTAADC, and therefore, the present petitioner is now being compelled to serve under the supervision and control of his junior officer.
Learned counsel, Mr. Bhaskar Debbarma under instruction submits that the Tripura Health Service Rules is being adopted in TTAADC and as per the said rules, the Grade-I post is the top-most post in the cadre of Health Service which the petitioner is presently possesses.
Mr. Debbarma, learned counsel also under instruction has also placed another memo dated 16.10.2023 wherein the designation of different posts of TTAADC are mentioned and so far the Health Service in TTAADC is concerned, there are only two posts of Grade-I Medical Officer which are the Principal Officer, Health and Family Welfare and Additional Principal Officer, Health and Family Welfare. But, despite giving promotion to the said Grade-I post, the petitioner has been asked to work at Twikarmo Hospital, Birchandra Manu, TTADC wherein earlier he was working as Grade-II Officer.
It is also submitted by learned counsel, Mr. Debbarma that said modification order was issued in the year 2023 whereas, the writ petition has been filed after undue delay of three years in 2026.
In reply thereto, learned senior counsel, Mr. Roy Barman submits that the promotion of the petitioner was regularized only on 11.02.2026 and earlier vide said memorandum dated 12.01.2023 only ad-hoc promotion was given and therefore, when his service in promotional post was regularized, immediately thereafter he has approached this court.
During argument, however, learned counsel, Mr. Debbarma in his fairness submits that they have no objection in giving posting of the petitioner as per his eligibility against Grade-I post.
This Court has considered the submissions of both sides.
As it appears from the impugned memorandum dated 12.01.2023 and impugned modification order dated 17.01.2023, the petitioner is still required to perform his duty as Medical Officer Grade-I at Twikarmo Hospital, Birchandra Manu which is not permissible as per the memorandum dated 16.03.2023 as issued by the authority of the TTAADC. Therefore, such posting of the petitioner is required to be changed immediately by the respondents.
As there are only two Grade-I posts in TTAADC which are of Principal Officer and Additional Principal Officer as discussed above, the petitioner is entitled to get his posting in either of these two posts. However, as pro-forma respondent (respondent no.4) was junior to him, obviously the petitioner should be given the posting as Principal Officer, Grade-I.
Considering thus, the writ petition is disposed of with a direction to the respondents that necessary posting order be issued by the respondents-TTAADC in favour of the petitioner as Principal Officer, Health and Family Welfare, Grade-I within 10(ten) days from today and necessary order in respect of respondent no.4 may also be passed by the above said respondents accordingly regarding his posting.
With the aforesaid terms, the writ petition is accordingly disposed of.