PURNIMA DEY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. K. Nath, learned counsel appearing for the petitioner as well as Mr. K. De, learned Addl. GA appearing for the respondents.

(2.) The brief fact which is essential to adjudicate the controversy is that the petitioner has been working as the Staff Nurse by virtue of the memorandum dated 27.12.2008 [Annexure-3 to the writ petition] in the Employees State Insurance [ESI] Dispensary. The petitioner joined in the said post on 01.01.2009 on a fixed pay of Rs.2145/- with other admissible allowances. In the year 2008, Tripura Employees State Insurance (Medical Benefit) Rules, 2008 was notified by the Commissioner and Secretary, Labour Department, Government of Tripura. Rule 19 of the said Rules provides that all State Insurance Dispensaries, Hospitals, Clinics, Mobile Dispensaries and other Medical Institutions specified for the purpose of providing medical benefit under the said Rule shall be subject to the administrative control and superintendence of the Administrative Medical Officer. Rule 2(ii) defines 'Administrative Medical Officer' as the principal Medical Officer appointed by the State Government to administer medical benefits in the State. The petitioner was given the scale of Rs.3300-7100/-. By the memorandum dated 18.05.2006, the decision of the Finance Department, Government of Tripura that the employees engaged under ESI dispensary should not be treated as a State Government employee and they are not eligible to contribute to GPF was communicated. The petitioner submitted the representation to the Administrative Medical Officer on 04.07.2017 urging revocation of the said memorandum dated 18.05.2016 but without any yield. The petitioner has asserted that the post of Staff Nurse in the ESI Dispensary was created by the Government of Tripura and the petitioner has been appointed against the said post on fixed pay basis and later on, she was given the regular pay scale of Rs.3300- 7100/- (pre-revised).

(3.) Aggrieved by the said memorandum dated 18.05.2016 issued by the Labour Commissioner, Government of Tripura, a batch of writ petitions were filed by the employees of ESI dispensary. Those writ petitions were disposed of, by a common judgment and order dated 26.09.2018 quashing the memorandum dated 18.05.2016. The respondents were directed to allow the writ petitioners of that batch of writ petitions to continue to enjoy the service benefits at par with the state government employees. According to the petitioner, she is also entitled to get the similar reliefs in terms of the judgment and order dated 26.09.2018 delivered in W.P.(C) No.06 of 2017 and other writ petitions in the batch.