Bandan Datta and Another vs The State of Tripura and 7 Others

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Tri) 282

HIGH COURT OF TRIPURA
A G A R T A L A

2026:THC:624

WP(C) No.702 of 2024

1. Bandan Datta,

S/O Late Radheshyam Datta, Village Giridhari Ashram Para, P.O. & P.S. Belonia, District South Tripura, Age 46 years.

2. Mridul Kanti Das,

S/O Sri Makhanlal Das, resident of North Badharghat, Subhash Palli, P.O. & P.S. A.D. Nagar, Agartala, West Tripura-799003, Age 50 years.

......... Petitioner(s)

– V e r s u s –

1. The State of Tripura,

To be represented by the Principal Secretary, Department of Health, Govt. of Tripura, Agartala, New Secretariat Building, Kunjaban, P.S. New Capital Complex, Agartala, West Tripura, PIN 799010.

2. The Secretary,

Health & Family Welfare Department, Govt. of Tripura, Agartala, New Secretariat Building, Kunjaban, P.S. New Capital Complex, Agartala, West Tripura, PIN 799010.

3. The Deputy Secretary,

Health & Family Welfare Department, Govt. of Tripura, Agartala, New Secretariat Building, Kunjaban, P.S. New Capital Complex, Agartala, West Tripura, PIN 799010.

4. The Director, Directorate of Health Services,

Govt. of Tripura, O/o the DHS, PN Complex, Gurkhabasti, Agartala, West Tripura, PIN 799006.

5. The Director,

Directorate of Family Welfare & Preventive Medicine, Govt. of Tripura, O/o the DFWPM, PN Complex, Gurkhabasti, Agartala, West Tripura, PIN 799006.

6. Sri Nirmalendu Majumder,

S/o Niharendu Majumder, Ramnagar Road No. 7, P.O. Ramnagar, P.S. West Agartala, Agartala, West Tripura.

7. Sri Sanjoy Shil,

S/o Niranjan Shil, Village Lolanga, Udaipur, Palatana, P.S. Kakraban 799116.

8. Sri Chandan Das,

S/o Sunil Ch. Das, Shyamaprasad Para, P.O. Anandanagar, P.S. Srinagar, West Tripura, PIN 799004.

.........Respondent(s)

For the Petitioner(s) : Mr. P. Roy Barman, Senior Advocate.

Mr. Samarjit Bhattacharjee, Advocate.

For the Respondent(s) : Mr. Kohinoor N. Bhattacharya, G.A.

Mr. T.D. Majumder, Senior Advocate.

Ms. R. Debbarma, Advocate.

Date of hearing : 10th March, 2026.

Date of delivery of Judgment & Order : 15th May, 2026.

HON’BLE MR. JUSTICE S. DATTA PURKAYASTHA

JUDGMENT & ORDER

The petitioners joined in the post of LDC on 11.01.2011 under the Directorate of Health Services, Government of Tripura and since then they are working in the said post. Their next promotional post as per the Recruitment Rules (for short-RR) is Upper Division Clerk (for short, UDC) and the relevant RR contains the process of filling up that post of UDC in the following manner:

5. Method of recruitment whether by direct recruitment or by promotion or transfer on deputation and percentage of the vacancies to be filled by various method

i) 100% by Promotion failing which by transfer on deputation and failing both by Direct Recruitment.

ii) (a) For direct recruitment selection will be through competitive examinations (Written and Interview followed by Type Test on Computer) to be conducted by the recruitment board constituted by the Health & Family Welfare Department, Government of Tripura.

(b) Interview / Viva voce shall be not exceeding 15% of the Total Marks.

[2] As per the said RR as issued vide notification dated 12.01.2023 (Annexure-R/3), there are a total of 266 sanctioned posts of UDC of common cadre existing in the said department. There is also a separate post namely, UDC (Law) in said Department, wherein the private respondents were working. Regarding filling up the post of UDC (Law), learned G.A. could not produce the relevant RR of UDC (Law) but he has produced the Rules governing the method of recruitment and qualifications necessary for appointment to the post of ‘Law Clerk’ under the Health and Family Welfare Department. Unlike the method of filling up the post of common cadre of UDC by way of promotion, said Rules provides for appointment of law clerk by way of direct recruitment.

[3] On 05.10.2023, the Deputy Secretary to the Govt. of Tripura in Health and Family Welfare Department issued a notification (Annexure 5) by absorbing the private respondents who are UDC (Law) against the vacant posts of regular UDC. Being aggrieved by the said notification, the present writ petition has been filed by the petitioners seeking the following reliefs:

“i. Issue Rule calling upon the official Respondents Nos.1 to 5 herein to show cause as to why writ in the nature of mandamus and/or any other Order/orders shall not be issued whereby quashing and cancelling the Notification, dated, 05.10.2023, issued by the Deputy Secretary, Health & Family Welfare Department, Govt. of Tripura, so far absorption of the private Respondents Nos 6 to 8 herein against the vacancy for the post of UDC.

ii. Issue Rule calling upon the Respondents to show cause as to why writ in the nature of mandamus and/or any other Order shall not be issued whereby directing the official Respondents Nos 1 to 5 herein to consider the Petitioners for promotion to the post of UDC.

iii. Make the rule absolute,

iv. Call for records,

v. Pass any further order/orders as this Hon‟ble High Court considered fit and proper.”

[4] Mr. Samarjit Bhattacharjee, learned counsel led by Mr. P. Roy Barman, learned senior counsel addresses strongly that said 3(three) private respondents belong to a foreign cadre, though they may be in the same Department but absorbing them in the common cadre of UDC, the promotional avenues of the LDCs, including the present petitioners, have been reduced. Learned counsel also submits that the relevant Recruitment Rules for filling up the regular post of UDC under common cadre does not permit such absorption, in as much as, according to the provisions of the RR, said post can only be filled up by way of promotion from LDC; failing which, by transfer on deputation; and again, on failure to fill up the same through deputation, by direct recruitment. Therefore, according to the learned counsel there was/is no scope for absorption of the private respondents in the regular cadre of UDC by way of abs

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