SUNITI NATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The petitioner Smt. Suniti Nath filed the present writ petition for a direction to appoint the petitioner in the post of Multipurpose Worker(female) under the Directorate of Health Department in the pay scale of Rs. 970-2400/- with other admissible allowances pursuant to the offer of appointment contained in Memo No. F 2( 1 -14) MS/ESTT/ 83(Vol-1)75984, dated 28.8.91(Amnexure-3) from the date on which the other persons were appointed under the same selection process.

(2.) I have heard Mr. S. Talapadra, learned counsel appearing on behalf of the petitioner and Mr. S. Roy, learned counsel) appearing on behalf of the respondents.

(3.) It is stated in the petition that the petitioner is a registered Multipurpose Worker(female) and is entitled to all privileges granted under Tripura Nursing Council Act, 1956. The petitioner successfully completed the Auxilliary Nursing & Midwifery (revised) Course in the year 1991 from the Multipurpose Worker (female:)Training Institute, Kailashahar and thus she qualified herself for the service of Multipurpose Worker(female)as per syllabus and regulations prescribed by the Indian Nurshing Council. In 1991, the respondent-Government set up a selection board for selection of candidates for the appointment in the post of Multipurpose Worker (Female). On being selected by the selection board, the Directorate of Health Services, Government of Tripura offered the petitioner a post of Multipurpose Worker(female) by Memo dated 28.8.91 (Annexure-3). The petitioner accepted all the terms and conditions of appointment as communicated in the aforesaid Memo dated 28.8.91. By her letter dated 10.9.91 along with her acceptance the petitioner has submitted all relevant documents to respondent No. 2. The Multipurpose Workers (female) who were selected for appointment under the same reference No. F. 2( 1 -14)-MS/ ESTT/83(Vol-I), almost all of them were appointed and they are now working as Multipurpose Workers(female) in various parts of the State. But till today, the petitioner has not been appointed pursuant to the aforesaid offer of appointment dated 28.8.91. It is further alleged that the petitioner has not been appointed on certain extraneous considerations even though vacancies are available in the department. Thereafter, the petitioner received a call letter from the Directorate of health Services on 11.11.96 bearing reference No.F.2(l-14)-MS/Estt/91/ 9792(V-I) dated 15.10.96(Annexure-5). Before appearing the selection board the petitioner made it clear to the respondents that her appearance in the new selection bdard in 1996 shall not stop her from claiming her appointment to the post of'Multipurpose Worker(female) in pursuance of the offer of appointment dated 28.8.91 (Annexure-3). It is further alleged that the petitioner has been discriminated and she has been deprived of getting the appointment letter in violation of Articles 14 and 16 of the Constitution of india. The respondents did not cancel the offer of appointment in spite of her intimating the acceptance. The respondents have violated the provisions of equality before law in the matter of public employment. The petitioner has time and again approached the respondents, but they have advised her to wait for some time more. But till the date of filing" of petition she has not been given the appointment in the post of Multipurpose Worker (Female). Having felt aggrieved by the decision of the Government in not appointing the petitioner in the post of Multipurpose Worker(female) pursuant to offer of appointment dated 28.8.91(Annexure- 3), the petitioner has filed the present writ petition.