BANI DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. D. Bhattacharjee, learned counsel appearing for the petitioner as well as Mr. D. Sharma, learned Addl. G.A. appearing for the respondents.

(2.) By means of this writ petition, the petitioner has challenged the order No.F.2(1-273)-MS/Estt/2017 dtd. 27/5/2017 [Annexure-12 to the writ petition] whereby the offer of appointment with posting for the post of Pharmacist(Allo) issued by the Directorate of Health Services, Government of Tripura vide memorandum No.F.2(1-273)-MS/ESTT/2017 dtd. 18/5/2017 has been cancelled. It has been urged further that the respondents be directed to appoint the petitioner with effect from 15/6/2017 in the said post with all service benefits.

(3.) The facts which are pertinent are that in response to the advertisement dtd. 27/5/2016 [Annexure-7 to the writ petition] the petitioner had applied for the post of Pharmacist(Allo) Group-C, Non-Gazetted with fixed pay of Rs.10,354.00 in the pay scale of Rs.5,700.0024,000/- [PB-2] with Grade pay of Rs.2,800.00. By the said advertisement dtd. 27/5/2016 80(eighty) vacant posts were notified to be filled up by various categories of candidates viz. UR-21, ST-37 and SC-10, in terms of the Recruitment Rules. According to the Recruitment Rules for appointment in the post of Pharmacist(Allo), the candidates must have [1] H.S.(+2 stage) with Science passed from recognized institution and [2] Diploma in Pharmacy from a recognized institution. After the petitioner was selected by means of the said process, the memorandum No.F.2(1-273)- MS/ESTT/2017 dtd. 18/5/2017 was issued. By the said memorandum, the offer of appointment in the said post in favour of the petitioner on the terms and conditions as cited therein. It would reveal from the said memorandum dtd. 18/5/2017 that the petitioner was asked to produce all her testimonials including the degree/diploma certificates etc. and further the petitioner was a registered Pharmacist in the Department of Labour Employment, Government of Tripura. After the offer of appointment dtd. 18/5/2017 was received by the petitioner, she submitted her resignation to the Chairman, District Health and Family Welfare Society(West), National Health Mission, [the District Magistrate and Collector West Tripura]. Her resignation was duly accepted by the Chairman, District Health and Family Welfare Society(West) National Health Mission by the memorandum No.F.1- 542/DH&FWS/CMO(W)/2017/921-25 dtd. 5/6/2017. To the dismay of the petitioner, she had received the said order dtd. 18/5/2017 [Annexure-9 to the writ petition] whereby the offer of appointment as issued in her favour has been cancelled.