STATE OF TRIPURA Vs. SUJIT CHAKRABORTY

JUDGEMENT

(1.) Dr. Sujit Chakraborty, the respondent herein, was the petitioner in Civil Rule No. 30/ 90 which came up before the learned Single Judge of this Court. By an order made on 30th July, 1993, the learned Single Judge of this Court passed the following order:

(2.) A few facts which are necessary for disposal of the appeal as follows : The writ petitioner/respondent had been serving the State of Tripura as Medical Officer, Grade-IV Tripura Health Service, at the G. B. Hospital, Agartala, at the relevant point of time. By virtue of a notification issued by the Govt. of Tripura calling applications from eligible candidates to avail the benefit of studying in All Indian Institute of Hygiene & Public Health at Calcutta, which is a Post-Graduate degree. Pursuant to the said notification, the writ petitioner applied. He wanted to avail the benefit of this study course at Calcutta. The Govt. of Tripura permitted him to avail the study programme subject to availment of leave by the petitioner in accordance with law.

(3.) Thus, the respondent/petitioner went to Calcutta and completed his study. After returning, he filed the above writ petition seeking for a writ: of mandamus by way of a direction to the respondents therein to treat him as on duty during the period while he was doing the studies in Calcutta . This writ petition was opposed by filing a detailed statement of objections by way of a counter on behalf of the State. It is very unfortunate that the learned Single Judge without applying his mind and without referring to the counter, proceeded to allow the writ petition solely based upon the precedent, viz., the order said to have been passed by him in Civil Rule No.2/87 disposed of an 19.7.90, allowed the writ petition. It is this order which is called in question by the State Government in the appeal on more than one ground.