PALAS DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By means of this writ petition, the petitioner has challenged the notification No.F.1(602)-DHE/ESTT(G)/2013 dtd. 12/2/2015 [Annexure-10 to the writ petition] whereby the respondent No.5 has been promoted to the post of Senior Instructor, Diploma Level Technical Institution, Tripura [Group-B, Gazetted] under the Higher Education Department, Government of Tripura. In addition thereto, the petitioner has urged this court to direct the respondents No.1 to 3 to promote him to the post of Senior Instructor, Diploma Level Technical Institution, Tripura [Group-B, Gazetted] under the Higher Education Department from the same date when the respondent No.5 was promoted with all consequential benefits including the financial benefits.

(2.) There is no dispute that the petitioner was appointed initially in the post of Junior Mechanic, re-designated as Inspector, under the Polytechnic Institute Narsingarh [now Tripura Institute of Technology, TIT in short] after he had passed out Diploma in Automobile Engineering from the Hindustan Institute of Engineering Technology. The petitioner was appointed against the vacancy available for the Schedule Caste candidate by the memorandum under No.F.7(1-4)/DHE/95 dtd. 17/1/2000 [Annexure-3 to the writ petition]. By the memorandum under reference No.F.7(198)/DHE/NG/96 dtd. 6/9/2003 [Annexure-5 to the writ petition], the petitioner was promoted to the post of Senior Instructor in the scale of pay of Rs.5000.0010300/- along with three other Inspectors. The said memorandum dtd. 6/9/2003 was cancelled within a month by the memorandum under No.7(198)/DHE/96 dtd. 23/10/2003 [Annexure-6 to the writ petition]. The said memorandum dtd. 23/10/2003 was revoked by a further memorandum under No.F.7(198)/DHE/NG/96/938(7) dtd. 6/7/2005 [Annexure-7 to the writ petition] and consequently, the petitioner and three others were promoted to the post of Senior Instructor [non-gazetted]. Thereafter, the petitioner came to know from the information disclosed under the Right to Information Act, 2005 to one Shankar Nama that (i) the post of Senior Instructor, Diploma Level Technical Institution (Group-B, gazetted) is not filled up branch wise and (ii) at the relevant time, there were 4 vacancies of Senior Instructors, Diploma Level Technical Institution in Tripura (Group-B, gazetted). Out of those vacancies, two vacancies were for UR category, one for SC category and the other for ST category. Again in the year 2013, 4 posts of Senior Instructors, Diploma Level Technical Institution (Group-B, gazetted] fell vacant. Against the vacancies available for UR category, one Sri Tapan Kr. Choudhury and Ashok Bandopadhyay were found eligible to be promoted in the post of Senior Instructor, Diploma Level Technical Institution [Group-B, gazetted] and the petitioner was also found eligible to be promoted in the post of Senior Instructor, Diploma Level Technical Institution [Group-B, gazetted] earmarked for the SC category.

(3.) It may be noted that a draft seniority list was published by the memorandum under No.F.12(221)-DHE/CNF/13/666914 dtd. 12/12/2013 for the post of Instructor under Education Department, Government of Tripura. Objections were invited from the persons concerned. In the said seniority list, the petitioner was placed at Sl. No.3 whereas the private respondent No.5 was placed at Sl. No.4. The said seniority list was finalised by the Director of Higher Education, Government of Tripura. By the memorandum under No.12(221)-DHE/CONF/13/7091(3) dtd. 27/1/2014, [Annexure-9 to the writ petition], the final seniority list of the instructors, TIT under the Education [Higher] Department, Government of Tripura was issued. Inter se seniority position was shown as on 31/12/2012. By the notification dtd. 12/12/2010 [Annexure-10 to the writ petition] the following persons were promoted to the post of Senior Instructor, Diploma Level Technical Institutions in Tripura [Group-B, Gazetted] in the pay scale of Rs.9570.0030000/- [Pay Band-3] with Grade Pay Rs.3100.00: