SASWATI ACHARYYA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard learned senior counsel, Mr. S.M. Chakraborty, assisted by learned counsel, Ms.P.Sen, for the petitioner, learned Government Advocate, Mr. T.D. Majumder for the respondent Nos.1 and 2, learned counsel, Mr. P. Dutta for the respondent No.3 and learned counsel, Mr. R. Datta for the respondent No.4.

(2.) There is no dispute that the petitioner was appointed to the post of Scientific Assistant in the department of Science, Technology and Environment of the Government of Tripura on 09.03.1990 and she is working in the same post till today. It is also an admitted position that respondent No.4 was appointed in the same post of Scientific Assistant under the same department on 22.12.1997. As per the seniority list published on 29.11.2013 (Annexure-9 to the writ petition), the seniority position of the petitioner was in the top of the list, i.e., Sl. No.1 and the position of respondent No.4 was in Sl. No.3 in the post of Scientific Assistant.

(3.) It is also an admitted position that there were separate recruitment rules for the post of Research Officer (Engineering) and Project Officer. By Notification No.F.4(143)/ DSTE/ ESTT/Pt-II/2943-49, dated 01.06.2013 (Annexure-4 to the writ petition), the recruitment rule for the post of Project Officer was made and notified and thereby the earlier rule dated 27.06.1994 was repealed.