THE HIGH COURT OF TRIPURA AGARTALA
S. TALAPATRA, J.
Smt. Papiya Das - Petitioner
Vs.
The State of Tripura, to be represented by the Commissioner-cum-Secretary, Department of Health & Family Welfare & Ors. - Respondents
WP(C) No. 22 of 2011
Decided On : 16-09-2016
Seniority - Sister Tutor - F.2(1184)MS/ESTT/2005/3429(vi), F.2(112)MS/Estt/91/1726, F.1(16)GA/59, F.23(13)GA/82 - The court discussed the seniority list of Sister Tutors under the Directorate of Health Services, Tripura and the relevant provisions for determining seniority. The court highlighted the principles of determining seniority based on date of appointment, confirmation, regularization, length of service, or any other reasonable basis. The court found the method followed by the respondent to be wholly unreasonable and unsustainable, but due to the petitioner's delay in approaching the court, the petition was dismissed.
Fact of the Case:
The petitioner, a Sister Tutor, challenged the final seniority list showing the seniority position as on 31.05.2006. The petitioner raised objections and filed representations against the seniority list, but did not approach the court until a later date.
Finding of the Court:
The court found the method followed by the respondent to be wholly unreasonable and unsustainable. However, due to the petitioner's delay in approaching the court, the petition was dismissed.
Issues: The issues revolved around the determination of seniority for Sister Tutors and the petitioner's delay in approaching the court despite raising objections and filing representations.
Ratio Decidendi: The court held that the method followed by the respondent for determining seniority was unreasonable and unsustainable. However, the petitioner's delay in approaching the court led to the dismissal of the petition.
Final Decision: The court dismissed the writ petition due to the petitioner's delay in approaching the court, despite finding the method of determining seniority to be unreasonable and unsustainable.
Heard Mr. Samarjit Bhattacharji, learned counsel appearing for the petitioner as well as Mr. N. Majumder, learned counsel appearing for the official-respondents. None appears for the other respondent despite due notice from this court as it is evident from the registry’s note dated 24.03.2011.
2. The petitioner, who is serving as the Sister Tutor, has challenged the final seniority list showing the seniority position as on 31.05.2006 published under Memorandum No. F.2(1184)MS/ESTT/2005/3429(vi) dated 16.06.2006 issued by the Director of Health Services, Government of Tripura (Annexure 13 to the writ petition).The petitioner herself has stated that being sponsored, the petitioner prosecuted the course of B. Sc. Nursing. On completion of her course, the petitioner with other two similarly sponsored candidates namely Matri Choudhury and Bapi Mahajan, the respondent Nos. 4 and 3 respectively were offered appointment for the post of sistertutor by the respondent No.2 by the memorandum dated 03.09.1991 Annexure 3 to the writ petition. By the order dated 18.02.1992, the petitioner and the respondent Nos. 3 and 4 were asked to report for the duties to their respective place of posting as mentioned in the said order dated 18.02.1992. It is also not in dispute that the petitioner and the respondents No. 3 and 4 joined to their place of posting on the dates as shown against the petitioner and the respondent Nos. 3 and 4 with their place of posting.
Sl. No.
Name of incumbent
Place of posting
Date of joining
1.
Smt. Maitri Choudhuri
N.T.I., Kailashahar
21.2.1992 (fore-noon)
2.
Papiya Das
N.T.I., Udaipur
26.2.1992 (fore-noon)
3.
Bapi Mahajan
N.T.I., Udaipur
25.2.1992 (fore-noon)
3. By the order dated 25.02.1992, the order dated 18.02.1992 was partly modified by posting the petitioner in the Nursing Training Institute (NTI), Udaipur, South Tripura, instead of Nursing Training Institute, Kailashahar as shown in the order dated 18.02.1992. Accordingly, the petitioner and the respondents joined their respective place of posting on the dates as shown in the table. The petitioner has admitted that by the memorandum dated 24.10.1994, Annexure7 to the writ petition a final seniority list of Sister Tutors was published showing their position on 13.09.1994. In that list, the petitioner was shown as Srl. No. 25 respondent No. 3 was shown at Srl. No. 24 and respondent No. 4 was shown at Srl. No. 23 against their dates of joining. In respect of the date of joining, there is also no dispute. According to the petitioner she submitted a representation on 02.11.1994 urging for review of the list and to prepare the list on the basis of merit positions in the entry post. The said representation dated 02.11.1994 is Annexure8 to the writ petition. Again, the petitioner has submitted a representation on 30.06.2009 raising her reservation against the mode of fixation of seniority. After the said representation dated 30.06.2001 Annexure 9 to the writ petition, the petitioner filed another representation dated 15.07.2005, Annexure 10 to the writ petition and urged the respondents to finalize the seniority list. Again on 12.01.2006 another representation, Annexure 11 to the writ petition was filed by the petitioner “to make the seniority list in order”. On 15.06.2016 by filing a further representation, Annexure12 to the writ petition, the petitioner had urged as under :-
"In the premises I humbly appeal to your gracious self to sympathetically consider my above submission & pass necessary orders declaring the above mentioned final seniority list of the Sister Tutors under the Directorate of health Services, Tripura as on 30.09.94 void and asking the Director of Health Services, Govt. of Tripura for publication of a new final seniority list determining relative seniority of 27 Sister Tutors on the basis of merit fixed by
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