SHRI RAJESH GHOSH Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) BY means of this petition, the petitioner has challenged the validity of Rule 5, Rule 7 and Rule 16(2)(a) of the Tripura Engineering Service Rules (hereinafter referred as 'the Rules') as being arbitrary and has further prayed that all the posts which were lying vacant prior to the amendment of the Rules should be filled in as per the un -amended Rules.

(2.) THE petitioners are all officers born in Grade -V(A) of the Rules. All the petitioners are degree holders. At the time when the petitioners were appointed to the service, the Rules provided that 12% of the posts in Grade -IV would be filled in from Grade IV TES degree holder officers on the basis of a departmental examination.

(3.) BY the amendment brought in the Rules in the year 2007, this system has been changed and now the rule reads as follows: -