PRANAY SAHA Vs. BABUL CHAKRABORTY

JUDGEMENT

(1.) BOTH these appeals are being disposed of by a commonjudgment since they arise out of one writ petition and onejudgment. The learned Single Judge vide the impugned judgmentallowed the writ petition filed by Sri Babul Chakraborty (hereinafterreferred to as the writ petitioner) and quashed the seniority listdated 26 -09 -2008 (Annexure -32 to the writ petition) and directedthe respondents, i.e. the State of Tripura and the Department ofScience, Technology and Environment (hereinafter referred to asDSTE) to prepare a fresh final seniority list showing the petitionersenior to respondent no.5, Sri Pranay Saha (hereinafter referred to as the private respondent).The judgment has been challenged both by the private respondent as well as by the State of Tripura.

(2.) BRIEFLY stated, the facts of the case are that both the writ petitioner and the private respondent were selected for appointment as Jr. Engineers in the Power Department of the State of Tripura in a duly constituted selection conducted by the Tripura Public Service Commission (TPSC).

(3.) ON the other hand, the private respondent was appointed as Jr. Engineer (Mechanical) in the Department of Power on 27 -01 -1984, i.e. one week prior to the petitioner. On 30 -01 - 1984, an order was passed whereby the private respondent was released from the Electrical Division of the Power Department and directed to report in the office of the Senior Scientific Officer, Non - Conventional Energy Cell. In compliance to the said order, the private respondent joined the said office of the Senior Scientific Officer. On 05 -09 -1986, the Senior Scientific Officer issued a memorandum, copy of which was sent to the private respondent, wherein it was stated that some newly created posts in the DSTE are to be filled up on absorption of the existing staff who are working on deputation from the Public Works Department (PWD). The incumbents who were willing to join the department on absorption were asked to submit their declaration in this regard. The private respondent submitted his declaration praying that he be absorbed in the DSTE, provided the benefits of his service in the parent department were also extended. On 12 -11 -1986, an order was passed in which it was stated that the private respondent who was on deputation from the PWD stood absorbed in the DSTE. On 29 -04 -1987, the post of Jr. Engineer in the DSTE was redesignated as Project Officer. The private respondent was redesignated as Project Officer on the same date. On 13 -08 -1997, an order was passed in compliance with Civil Rule No.42 of 1995 passed by the Gauhati High Court whereby the respondent was treated to be on deputation till 01 -10 -1986 against the supernumerary post of Assistant Engineer and his pay was fixed firstly as Assistant Engineer w.e.f. 01 -01 -1986 and as Project Officer w.e.f. 01 -10 - 1986. On 19 -02 -1990, the private respondent was promoted as Scientific Officer on ad -hoc basis. In the Final Seniority List of Project Officers in the DSTE up to 29 -11 -2002 issued on 04 -12 - 2002, the private respondent was shown to be the only person. On 29 -10 -2003 after consultation with the TPSC, the Governor of Tripura was pleased to regularize the ad -hoc promotion of the private respondent as Scientific Officer which took place on 19 -02 - 1990 on regular basis with retrospective effect from 05 -07 -1994. Thereafter, on 25 -08 -2004 another notification was passed with the concurrence of the TPSC and by this order, the ad -hoc promotion of the private respondent as Senior Scientific Officer on 22 -02 -1999 was regularized in the DSTE with retrospective effect from 05 -07 -2001.