JISHU BHATTACHARJEE Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Petitioner has challenged a memorandum dated 16th August, 2013 by which the Deputy Chief Executive Officer, Tripura Tribal Areas Autonomous District Council (TTAADC, for short) promoted several Junior Demonstrators (Sericulture) to the post of Sericulture Development Officer.

(2.) Brief facts are as under:

(3.) A seniority list for the post of Junior Demonstrators was published as on 01.06.2013 in which the petitioner was shown as the senior most. Respondents No. 4, 5 and 6 were shown junior to him. Despite this, when the DPC met on 16.08.2013 for granting promotion to the post of Sericulture Development Officer, the petitioner was not recommended, instead his juniors respondents No.4, 5 and 6 were recommended and thereafter duly promoted by the impugned order. The case of the department appears to be that the petitioner had not completed essential training of 1 year in Sericulture from a recognized institute when the DPC meeting was convened. His case was therefore not considered. To this the petitioner would point out that the respondents No.4 and 5 had also not completed such training. They were considered by relying on a relaxation in favour of SC/ST candidates which did not amend the recruitment rules. Without amending the rules the essential condition for promotion could not have been relaxed.