BRAJENDRA DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By filing this writ petition, the petitioners challenged Memo dated 31.12.2005 (Anexure-P-7 Colly to the writ petition) whereunder they have been asked to show cause as to why their ad-hoc services in the post of Supervisor (ICDS) should not be terminated.

(2.) Heard learned counsel, Mr. Somik Deb for the petitioner and learned counsel, Mr. P.K. Pal for the Staterespondents.

(3.) The case of the petitioners, in short, is that they got appointment as Supervisor, ICDS under the Directorate of Social Welfare and Social Education ('SW & SE', for short) on ad-hoc basis along with others vide Memo dated 24.03.1991 (Annexure-P- 2 to the writ petition). Accordingly, they joined in the post and has/had been performing their duties with all sincerity and to the satisfaction of the authority. During the course of service they have undergone training time to time at Guwahati and other places. To their utter surprise, by a Memo dated 31.03.1999 (Annexure-P-6 Colly), the Director of SW & SE informed them that Tripura Public Service Commission (for short, 'TPSC') issued Advertisement No. 3/99 dated 17.03.1999 for the post of Supervisor (ICDS) and the last date of submission of application was on 17.04.1999 and thereby, asked them to apply for the post of Supervisor, ICDS to the Secretary, TPSC through proper channel. The petitioners along with others challenged Memo dated 31.03.1999 by filing writ petition Nos. 394 of 1999, 395 of 1999, 94 of 2000, 102 of 2000 and 103 of 2000 and all those writ petitions were taken up by the Hon'ble High Court and by a single Judgment dated 03.08.2000 dismissed the writ petitions and directed that the petitioners may appear before the Public Service Commission for the post and also directed the authority to give relaxation of their age. The petitioners, thereafter, appeared before the TPSC for the post of Supervisor, ICDS, but could not get their candidature cleared by the TPSC for the post. The respondent-authority thereafter, issued impugned Memo dated 31.12.2005 (Annexure-P-7 colly) and thereby, asked the petitioners to show cause as to why their employment on ad-hoc basis in the post of Supervisor, ICDS should not be terminated. The petitioners, therefore, prayed for quashing the impugned Memo and further prayed for direction to absorb them in the post of Supervisor, ICDS with all benefits from the date of their initial appointment on ad-hoc basis.