STATE OF TRIPURA Vs. ABHIJIT MAJUMDAR

JUDGEMENT

(1.) The judgment and order dated 8,7.96 passed by the learned Single Judge of this Court in Civil Rule No.233 of 1995 is the subject matter under challenge in this writ appeal.

(2.) On the earlier occasion the writ petitioner, the respondent herein filed a writ petition being Civil Rule No.95 of 1993 before this Court for a direction to the present appellants to issue the appointment Letter in favour of the writ petitioner - Shri Abhijit Majumdar for appointment to the post of Demographer within a specific period and to join the post of Demographer within a time-to be fixed by this Court. The present appellants as respondents, contested the said case of the writ petitioner. After hearing the parties of the aforesaid writ petition, being Civil Rule No. 95 of 1993, this Court disposed of the said case on 3.5.94 by observing that the writ petitioner does not have even the essential qualifications and therefore; this Court is unable to issue any writ directing the present appellants-to appoint the writ petitioner in the said post of Demographer. However, this Court, considering the facts and circumstances of the case and giving emphasis to a Govt. circular dated 8.6.85 relating to preference to the dependant son/daughter of retired Govt. employees, directed the appellants to consider if the writ petitioner can be appointed in some other posts for which he has got the requisite qualifications.

(3.) This Court further directed that it shall be done within a period of 3 months. The appellants duly considered the representation of the writ petitioner and informed the latter that, since the writ petitioner does not possess the requisite qualification required for the post of Librarian/Medical Record Assistant, he is not eligible for appointment and as such, his prayer cannot be acceded to vide Memorandum No.F.2(6-73)-MS/Estt/93 dated 23.8.94. The writ petitioner also filed a contempt petition being Civil Original Petition(Contempt) No. 45 of 1994 on 10.8.94 against Shri Sanjoy Kumar Panda, Secretary to the Government of Tripura, Department of Health & Family Welfare and Dr. K.L.Roy, Director of Health Services, Government of Tripura for violation of the said order dated 3.5.94 in Civil Rule No. 95 of 1993. After hearing the parties, the notice of contempt issued against these two officials stands discharged vide order dated 20.9.94, Thereafter, the writ petitioner, the respondent herein filed another writ petition being Civil Rule 233 of 1995 for quashing the said memorandum dated 23.8.94 and for a direction to the respondents to appoint the writ petitioner in the post of Librarian or Medical Record Assistant lying vacant a long with other reliefs.