USHA RANJAN DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. B.N. Majumder, learned senior counsel assisted by Mr. Sajit Chandra Sen and Mr. B. Paul, learned counsel appearing for the petitioner and Mr. Debalay Bhattacharya, learned Government Advocate appearing for the respondents-State and Mr. P. Roy Barman, learned senior counsel assisted by Mr. D. Paul, learned counsel appearing for the private respondent No.4.

(2.) Writ petition was filed with a prayer to command the respondents to issue promotion order in favour of the petitioner to the post of Supervisor (Panchayat)/Auditor w.e.f. 6/1/2017. Petitioner also prayed for consequential benefits including arrears from the date his juniors have been promoted to the post of Supervisor (Panchayat)/Auditor, i.e. 6/1/2017. Petitioner also asked for restoration of his seniority over private respondents No.3 to 8.

(3.) In short, the case of the petitioner is that after having been appointed on the post of Panchayat Secretary on a fixed pay basis on 21/7/2003, petitioner was subsequently absorbed permanently in the year 2008 and has been rendering his service efficiently and diligently to the full satisfaction of the authority. The petitioner applied for a "No Objection Certificate" for appearing in the Secondary Examination conducted by the National Open School in the year 2010 which was conceded. No Objection Certificate was issued on 8/11/2010 and thereafter petitioner appeared in the examination and passed the Madhyamik Examination successfully. Thereafter, the petitioner applied for recording his Madhyamik Pass qualification in the Service Book to the Block Development Officer (BDO, for short), Jampuijala R.D. Block where he was posted. His prayer was reportedly forwarded by the BDO, Jampuijala R.D. Block to the respondent No.2 vide letter dtd. 26/8/2011. The copy of No Objection Certificate dtd. 8/11/2010 and cover letter of BDO, Jampuijala R.D. Block addressed to the Director of Panchayat are enclosed as Annexure-2 and 3 respectively.