ASHISH BISWAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) HEARD learned senior counsel, Mr. A.C. Bhowmik, assisted by learned counsel, Mr. D. Sarkar for the petitioner and learned Addl. G.A., Mrs. A.S. Lodh for respondent Nos.1 to 4. None appeared for respondent Nos.5 to 7.

(2.) THE petitioner, inter alia, contended that he was appointed as Rifleman(GD) of the Tripura State Rifles(for short, TSR) on 24.07.1992 and was discharging his duties sincerely, honestly and diligently whereas, respondent Nos.5 to 7 were appointed as Rifleman(GD) on 23.07.1994, 21.07.1992 and 23.07.1992 respectively. He has further contended that he was thereafter appointed as Rifleman(Driver) on 20.09.2000 w.e.f. 17.05.2000(Annexure -A to the writ petition). Thereafter, he was promoted as L/NK(Driver) on 29.12.2003 w.e.f. 14.09.2001(Annexure -B to the writ petition) and then he was promoted as NK(Driver) on 08.08.2003 w.e.f. 05.08.2003(Annexure -C to the writ petition).

(3.) RESPONDENT Nos.5, 6 and 7 also submitted a counter affidavit, inter alia stating that they were appointed as Rifleman(GD) on 23.07.1992, 21.07.1992 and 23.07.1992 respectively, whereas the petitioner was appointed as Rifleman(GD) on 24.07.1992 and so the petitioner was junior to them. Because of operational commitment they were not deputed by the department for 'D&M ' training course and the petitioner was sent before them and, as a result he was appointed as Rifleman(Driver) before them. Thereafter, they were also appointed as Rifleman(Driver) and then were promoted as L/NK(Driver) and NK(Driver) with retrospective effect and the seniority position was corrected and/or set at right after considering the dates of appointment and all other relevant factors. There was nothing wrong in their promotional orders as well as in the seniority list and so the writ petition should be dismissed.