NIRANJAN SARKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) BY means of this petition, the petitioner who was serving as the Panchayat Extension Officer w.e.f. 23.09.1995 by way of promotion, has challenged the Notification dated 02.02.2005, Annexure -4 to the writ petition, and prayed for mandating the respondents to consider his promotion to the post of Tripura Civil Service Grade -II (for short, 'TCS Grade -II'), ahead of respondents No. 4 to 14, by granting him full reliefs from 02.02.2005.

(2.) THE petitioner, at the outset has stated that even though he has been promoted to the post of Panchayat Extension Officer on 23.09.1995, but in the seniority list his entry in the post of Panchayat Extension Officer has been shown as 09.04.1997. The petitioner has also pointed out that the ACRs were not really considered by the DPC. According to the petitioner, he is senior to the respondents No. 4 to 14 who have been promoted to the TCS Grade -II by the said notification, pursuant to the recommendation made by the DPC. Thus, the petitioner has contended that even though he was in the zone of consideration, his case was not considered for promotion to the post of TCS Grade -II, without assigning any reason.

(3.) MR . T.D. Majumder, learned Govt. Advocate appearing for the official respondents has submitted that the petitioner would be considered under clause (2)(b) of the said revised procedure, dated 10.06.2004. Apart that, Mr. Majumder, learned Govt. Advocate has submitted that so far the question of incorrect entry in the seniority list in the grade of Panchayat Extension Officer, the petitioner has to approach the competent authority. But, without approaching the competent authority, the petitioner cannot come before this court straightway, seeking the writ of certiorari. For purpose of appreciation, Rule 5 of the Tripura Civil Service Rules, 1967 (for short, TCS Rules, 1967), as amended from time to time, is extracted hereunder :