HIGH COURT OF TRIPURA AGARTALA WP(C) No.322 of 2025 Sri Santanu Biswas, S/o Late Santosh Chandra Biswas, Resident of village & PO-Gangachara, PS-Kakraban, Sub-division-Udaipur, District-Gomati Tripura, PIN-799125, aged about 41 years.

---- Petitioner(s)

Versus

1. The State of Tripura, Represented by the Secretary, Department of Family Welfare &

Preventive Medicine, Government of Tripura, having his office at New Secretariat Complex, Agartala, PO-Kunjaban, PS-New Capital Complex, Sub-Division-Agartala, District-West Tripura.

2. The Secretary, Family Welfare & Preventive Medicine, Government of Tripura, having his office at New Secretariat Complex, Agartala, PO-Kunjaban, PS-New Capital Complex, Sub-Division-Agartala, District-West Tripura.

3. The Secretary, Department of health & Family Welfare, Government of Tripura, having his office at New Secretariat Complex, Agartala, PO-Kunjaban, PS-New Capital Complex, Sub-Division-Agartala, District-West Tripura.

4. The Director, Department of Family Welfare & Preventive Medicine, Government of Tripura, having his office at Pandit Nehru Office Complex, Gurkhabasti, PO-Kunjaban, PS-New Capital Complex, Sub-Division-Agartala, District-West Tripura.

5. The food Safety Commissioner & Secretary, Department of Health & Family Welfare, Government of Tripura, having his office at New Secretariat Complex, Agartala, PO-Kunjaban, PS-New Capital Complex, Sub-Division-Agartala, District-West Tripura.

---- Respondent(s)

For Petitioner(s) : Mr. Somik Deb, Sr. Adv.

Mr. Pannalal Debbarma, Adv.

For Respondent(s) : Mr. Dipankar Sarma, Addl. GA.

Date of hearing : 01.12.2025.

Date of delivery of Judgment & Order : 08.12.2025 Whether fit for reporting : YES HON‟BLE MR. JUSTICE BISWAJIT PALIT Judgment & Order This writ petition is filed by the petitioner seeking the following reliefs:-

2. Heard Learned Senior Counsel Mr. Somik Deb, assisted by Mr. Pannalal Debbarma, Learned Counsel appearing on behalf of the petitioner and also heard Mr. Dipankar Sarma, Learned Addl. GA appearing on behalf of the State-respondents. 3. Taking part in the hearing, Learned Senior Counsel for the petitioner first of all drawn the attention of the Court that the present petitioner was appointed to the post of Chemist vide memorandum dated 04.01.2011 issued by the authority (Annexure-1). Thereafter, he submitted his joining report to the authority which was duly accepted by the authority (Annexure- 3). Later on, his appointment to the said post was further extended by order dated 14.06.2011 (Annexure-4) issued by the respective authority.

4. Learned Senior Counsel also submitted that by virtue of Notification dated 03.03.2011 (Annexure-5) issued by the Health & Family Welfare Department, Government of Tripura, the Public Analyst was appointed as Food Analyst for the purpose of sub-section 01 of Section 45 of the Food Safety &

Standards Act, 2006 (in short FSS Act, 2006).

5. After that, the petitioner applied to the authority for his deputation to the Government of India, but the authority by Memorandum dated 14.03.2016 (Annexure-6) regretted his prayer. In the meantime, on 29.09.2016 the authority of the petitioner issued working certificate (Annexure-7).

6. After that, the petitioner approached the authority for appearing in the 5^th Food Analyst Examination, 2018 which was allowed by Memorandum dated 01.09.2018 issued by the authority (Annexure-8) and the present petitioner qualified in the said examination and accordingly the Food Analyst Examination Board issued certificate that the petitioner was qualified to be appointed as Food Analyst in accordance with sub-rule 1(ii) of Rule 2.1.4 of the Food Safety and Standards Act, 2011 (Annexure-9).

7. Learned Senior Counsel further submitted that the petitioner sought permission from the department for permitting him to appear in the TCS/TPS Grade-II Examination which was also regretted by the department by memorandum dated 25.03.2019 (Annexure-10). But on 20.07.2019 the authority of the petitioner i.e. th