STATE OF TRIPURA Vs. MINAKSHI DE

JUDGEMENT

(1.) These writ appeals and writ petitionarise in similar background.They are to be heard together and would be disposed of by this common judgment.For convenience facts may be noted from W. A. No. 181 of 2019. This appeal is filed by the State Government challenging the judgment dated 23.08.2019 passed by the learned Single Judge in Writ Petition No. 943 of 2019.The petitioner therein a doctor by profession, appointed as basic teacher in Tripura Medical Education Service had challenged an order dated 7.8.2019 by which she was transferred on deputation from MBBS Tutor Department of Anatomy Government Medical College Tripura to Teliamura Sub-Divisional Hospital, Khowai Tripura. This was in purported exercise of powers under Rule-21 of the Tripura Medical Education (Administrative and Faculty) Service Conditions Rules, 2015 (hereinafter to be referred to as the said Rules.). Before the learned Single Judge the petitioner contended that powers under Rule-21 of the said rules could be exercised only in extraordinary circumstances and not by way of a routine manner. The rule itself providedthat temporary deputation to any place within the State would be permissible in case of health exigency likenatural calamities,eruption of epidemics etc. The learned Single Judge in a detailed judgment which is challenged in this appeal, held that the terms"natural calamities, eruption of epidemics etc." should be interpreted adjudice generis. The word "etc."cannotbe utilized to widen the scope of Rule-21, thereby giving unlimitedpowers to the authority to senda medical officer on deputation outside hiscadre against his consent. Learned Single Judge noted that no grounds of medical emergency such as natural calamity or eruption of epidemics was cited. The learned Judge therefore while allowing the writ petition observed as under:

(2.) Other writ appeals filed bythe State Government arise out of similar but separate judgments of the learned Single Judge concerning same issue.Writ petition is filed by the individual teacherwho has challenged his transfer on deputation onsimilar grounds.

(3.) Learned G.A. submitted that the learned Single Judge has committed serious error in setting aside the orders of transfer on deputation.Rule-21 of the said rules empowers the competent authority to post any medical officer on deputation at any place in the State under certain circumstances. The term "etc." cannot be shadowed by the previous expressions of natural calamityor eruption of epidemic. He submitted that the present case there was severe shortage of medical officers at various primary health centersin the remote areasand mofussil towns of the State.Urgent requirementwas felt to sendthe petitioners and other similarlysituated tutorsto such places.