DILIP KUMAR SAHA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Petitioner has prayed for his absorption in Government service where he is presently working on deputation. His request for such purpose came to be turned down by the Government by a communication dated 19th April, 2018 upon which this petition has been filed.

(2.) The petitioner was employed as a Helper in Tripura State Cooperative Consumers' Federation Limited (hereinafter to be referred to as the 'said Federation'). The said Federation is an enterprise of the State Government. After worked for several years, the Federation was facing acute financial difficulties. On 18th August 2005, therefore, the said Federation circulated a memorandum amongst its staff members pointing out that the financial condition as per the budget for the financial year 2005- 2006 is precarious. It is not even possible to release the salary of the staff timely. Therefore, the Principal Secretary (Finance), after careful and sympathetic consideration, has suggested that the list of the staff members who are willing to join other Government organizations or the Government departments may be prepared. Such staff may be posted in other Government departments. This would facilitate release of their salary timely. Staff members were called upon to indicate their willingness. Those who are not willing to join other departments would have to apply for voluntary retirement. The authorities would consider the terms and conditions on which such voluntary retirement may be accepted.

(3.) In response to the said memorandum, the petitioner wrote to the said Federation on 20th August, 2005 giving his no objection to joining any other Government organization or department provided he is given the same service benefits as those available to regular Government employees and that his past service is protected. The petitioner was thereupon asked to work in the Department of Taxes and Excise, Government of Tripura. He continues to discharge such duties on deputation basis.