STATE OF TRIPURA Vs. TRIPURA BAR ASSOCIATION

JUDGEMENT

(1.) Respondents Nos. 6 and 7 are common in all the appeals. The learned counsel representing them has made a prayer by circulating a letter for the deletion of their names. We allow the said prayer.

(2.) These appeals are directed against the judgment of the Gauhati High Court, Agartala Bench, dated April, 11, 1991 in Civil Rule No. 144/86. The said civil rule was a writ petition filed under Art. 226 of the Constitution of India by the Tripura Bar Association and a member of the said Bar Association. The grievance of the petitioners in that writ petition was that the proviso to Rule 6(3)(b) of the Tripura Judicial Service Rules, 1974 which provided for reservation of 25% applicants to the posts in Grade-I for direct recruit from amongst member of the Bar was not being implemented. By notification dated December 23, 1986, Rule 6(3)(b) was amended and the provision regarding reservation for direct recruitment was deleted. By separate notification dated May 21, 1988 the amendment made by the earlier notification dated December 23, 1986 was repealed. The said amendment was, however, not made with retrospective effect. Thereafter, another notification has been issued on November 18, 1995 whereby the Judicial Service (Eighth Amendment) Rules, 1995 have been promulgated and Cl. (b) has been inserted in sub-rule (3) of Rule 6 of the Tripura Judicial Service Rules and it has been given retrospective effect from December 23, 1986. By the same amendment, the reservation of 25% posts for direct recruit from the Bar has been introduced with effect from December 23, 1986. As a result of the aforesaid amendment which has been made in the Rules vide notification dated November 18, 1995, the grievance raised by the petitioners in the writ petition no longer survives and has been removed.

(3.) In the impugned judgment, the High Court has, however, gone into the question of inter se seniority of the judicial officers who were impleaded as respondents in the writ petition. The said matter of inter se seniority had earlier been considered by a Division Bench of the same High Court in the case of Durgadas Purkayastha v. Gauhati High Court (1988) 1 Gauhati LR 6 in respect of the same officers which judgment has become final. In the impugned judgment the Division Bench of the High Court has taken a view different from that taken in the earlier judgment in the case of Durgadas Purkayastha (supra).