LAWS(GAU)-2002-4-14

SWAPAN KANTI BHATTACHARJEE Vs. STATE OF TRIPURA

Decided On April 23, 2002
SWAPAN KANTI BHATTACHARJEE Appellant
V/S
STATE OF TPIPURA Respondents

JUDGEMENT

(1.) Heard Mr C.S. Sinha, learned counsel for the petitioner. Also heard Mr U.B. Saha, learned senior Govt. Advocate being assisted by Mr. J. Majumder, learned counsel for the respondents.

(2.) By this writ petition, the petitioner challenged the impugned communication bearing No. PF-ARHS (104)-DSE/01 dated 22/2/2002 by which the appointing authority asked the petitioner to confirm as to whether he was willing to go on deputation as prayed for by him, without keeping lien.

(3.) The petitioner entered in service as an Assistant Teacher under the Directorate of School Education, Government of Tripura and is yet to be confirmed to the said post. In response to an open advertisement issued by the Project Director, District Rural Development Agency (in short DRDA) Kailashahar dated 17/10/2001 for the post of, among others, R.D. Officer on deputation basis having a higher pay scale of Rs. 5500-10,700/-, the petitioner offered his candidature through proper channel and that was forwarded by the authority concerned. The petitioner faced interview and was selected. While the petitioner was offered with the aforesaid post of R.D. Officer on deputation basis by the Project Director, DRDA, Kailashahar, the petitioner made an application to the Director of School Education, Government of Tripura urging for his release keeping lien in his substantive post of Assistant Teacher. The authority vide the impugned order asked the petitioner to confirm whether he was agreeable to go on deputation without keeping lien. The petitioner challenged it.