SWAPAN KR. JAMATIA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) There is no dispute that the petitioner has been absorbed in Tripura Medical Education Service by the notification dated 12.09.2017 Annexure-2 to the writ petition as the basic teacher. Without any blemish, the petitioner has been serving in that capacity. Recently, by the order No.F.3.(145)-HFW/2019 dated 07.08.2019 Annexure-5 to the writ petition the petitioner has been deputed to Kanchanpur Sub-Divisional Hospital, North Tripura.

(2.) By means of this writ petition, the petitioner has challenged the said order dated 07.08.2019 so far it relates to him. According to the petitioner, the said order dated 07.08.2019 is grossly illegal, arbitrary and more particularly, violative of Rule 21 of Tripura Medical Education Administrative and Faculty Service Conditions Rules, 2015 as published by notification No.F.8(108)DME/ Estt./2013/1382-90 dated 04.08.2015. For purpose of reference, Rule 21 of the said Rules, 2015 is reproduced hereunder:

(3.) It has been asserted that the exigencies under which the authority can exercise the special power as provided under Rule 21 of the said Rules, 2015 do not exist to the place of deputation of the petitioner. The petitioner has specifically averred in the petition as under: