NIBEDITA ROY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. P. Roy Barman, learned counsel appearing for the petitioner as well as Mr. M. Debbarma, learned Addl. G.A. appearing for the State-respondents and Mr. P. Datta and Mr. T. Debbarma, learned counsels appearing for the Tripura Public Service Commission (for short, TPSC).

(2.) By means of this writ petition under Article 226 of the Constitution of India, the petitioner has raised her grievance stating, inter alia, that in response to an advertisement issued by the TPSC, she submitted application against the post of Technical Assistant (Pharmacy) and she was selected in due process. The respondent Nos. 2 and 3 issued offer of appointment in her favour on the recommendation of the TPSC. The petitioner also accepted the offer of appointment within the stipulated period after resigning from the post of Pharmacovigilance Associate and she was engaged in AGMC and GBP Hospital, Agartala. But till today, the petitioner was not issued with formal appointment letter. So, she has prayed for invoking the extraordinary jurisdiction of this Court and direct the respondents i.e. the respondent Nos. 1, 2 and 3 to issue appointment letter in favour of her.

(3.) Having all the requisite qualifications the petitioner applied for the post of Technical Assistant (Pharmacy) and the respondent No.4, i.e. the Tripura Public Service Commission after being screened the required documents and essential qualifications, asked the petitioner to participate in the selection process by way of appearing in written test as well as oral test. Accordingly, the petitioner appeared in the written test as well as in the oral interview. The Controller of Examination, TPSC, vide communication dated 03.01.2018, informed the petitioner that her name was recommended by TPSC for the post of Technical Assistant (Pharmacy), Group B, Non-Gazetted, under the Health and Family Welfare Department, Govt. of Tripura (Annexure-4 to the petition). Thereafter, by Memo dated 08.03.2018, the Additional Secretary and Director of Health Services, Govt. of Tripura issued offer of appointment in favour of the petitioner for the post of Technical Assistant (Pharmacy) on temporary basis stipulating some terms and conditions. In that offer of appointment, the petitioner was asked to communicate her acceptance in conformity with the terms of the offer dated 08.03.3018. She was further asked to produce all the relevant documents as mentioned in the said offer along with the attestation form duly filled in by 31.03.2018 to the office of the Ex Officio, Additional Secretary and Director of Health Services, Govt. of Tripura, Agartala. It was further mentioned in the said offer that if no reply is received from the candidate, i.e. the petitioner by the prescribed date, the offer will be treated as cancelled.