BIMAL BHOWMICK Vs. MRINAL KANTI BHOWMICK

JUDGEMENT

(1.) This is an appeal under Section 100 of the Civil Procedure Code, 1908, (for short, the CPC'), against the judgment and decree of the learned District Judge, West Tripura District, Agartala in Title Appeal No. 1/88.

(2.) The facts briefly are that the respondent No. 1, Dr Mrinal Kanti Bhowmick, filed Title Suit No. 49/79 (re-numbered as Title Suit No 100/86) in the Court of Subordinate Judge West Tripura, Agartala. His case in the said suit was that he joined as a Civil Assistant Surgeon on 4.2.66 in Tripura which was then a Union Territory and was absorbed in the Central Health Service in the Grade-It post of GDO with effect from 20.2.67. He passed DOMS in July, 1974 and MS in Opthalmology in February, 1975. After Tripura became a State, the Tripura Health Service, (for short "the THS") was constituted with effect from 18.5.74. The cases of different officers of the: Central Health Service working in Tripura for absorption in the THS were considered and the respondent No. 1 was offered absorption in Grade-IV of the THS on 20.10.75. The respondent No. 1 then submitted a representation for his absorption in Grade-in of the THS. He contended that other officers like Dr LK Kundu and Dr SC Basak had been absorbed in Grade-III and Grade-II of the THS respectively although their cases were similar to that of the respondent No. 1 and that the authorities had acted in a discriminatory manner in offering to the respondent No. 1 absorption in Grade-IV of the THS. In the said suit, the respondent No. 1 prayed for a declaration by the Court that he was entitled to be absorbed in Grade-in of the THS in its initial constitution with effect from 18.5.74 and that he was entitled to recover his pay and allowances as a consequence of such absorption in Grade-III of the THS with effect from 18.5.74.

(3.) In the said suit, the State of Tripura and the Secretary to the Government of Tripura, Health and Family Welfare Department were the principal defendants and they filed a joint written statement contesting the suit. The appellants who were appointed to Class-in of the THS in the year 1980 as direct recruits were impleaded as proforma defendants in the said suit. By judgment and decree dated 25.11.87, the learned Subordinate Judge, West Tripura District, Agartala decreed the suit on contest with cost In the Said judgment while answering issue No. 8, the learned Subordinate Judge also held that the plaintiff-respondent No. 1 was senior to the proforma defendants (appellants herein).