KISHORE KUMAR BASAK Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal is filed by original petitioner to challenge the judgment of the learned Single Judge dated 18.04.2017 passed in W.P (c) No.254 of 2009.

(2.) Brief facts are as under:

(3.) The petitioner thereupon filed the said petition. The Government appeared and filed reply in which the stand taken is that the DPC considered the cases of 39 eligible Havildars who were included in Approved List-D. However, 31 persons including the petitioner could not be promoted due to non availability of vacancies. A fresh DPC was constituted and convened on 22.12.2005 for preparation of a new list, since the list prepared by the previous DPC which had met on 25.08.2004 and 30.04.2006 had ceased to exist upon completion of period of one year from the first month following the month in which the Approved List-D was finalized. The DPC was again held on 7.4.2006 but did not consider the case of the petitioner since he had already crossed the age of 40 years.