KEDAR SING Vs. STATE OF TRIPURA

JUDGEMENT

(1.) These Appeals arise out of the common judgment of the learned Single Judge dated 03.01.2018 in W.P. (C) Nos.271 of 2017 and 84 of 2017.

(2.) This litigation has a long history. Briefly stated the facts are as under:

(3.) In the year 2004, the Government undertook the exercise of filling up of several vacancies in the post of Havildar (Clerk). A DPC was convened which recommended names of 29 candidates for transfer/promotion to the said post of Havildar (Clerk). The names of the petitioners were not included in the said initial list. Subsequently, another panel was prepared on 12.05.2004 which included the names of the petitioners. The department granted transfer/promotion to two candidates shown at serial numbers 11 and 12 of the said list subsequently prepared ignoring the claims of the petitioners who were enjoying a superior rank position upon which the petitioners and some other similarly situated candidates filed W.P. (C) No.188 of 2006 before the Gauhati High Court. The Gauhati High Court disposed of the said petition by a judgment dated 15.12.2010. In the judgment the learned Single Judge noted the stand of the department that the petitioners were not granted promotion/transfer since they had approached the High Court. The relevant portion of the judgment reads as under: