LAWS(TRIP)-2016-9-6

SMT. JAYASREE PAUL Vs. THE STATE OF TRIPURA

Decided On September 05, 2016
Smt. Jayasree Paul Appellant
V/S
The State of Tripura Respondents

JUDGEMENT

(1.) By means of this writ petition, the petitioners have challenged the appointment of the respondent No.5 namely, Dalia Debbarma on promotion to the post of Senior Instructor (Stenography) by the order under No. F.DI/ESTT.IV- 32/2009/3313-17 dated 22.02.2010, Annexure-5 to the writ petition.

(2.) By the judgment and order dated 20.07.2015, this writ petition was disposed. However, the said decision was challenged by the respondent No.5 by filing a writ appeal being W.A. No.26 of 2015. While disposing the said writ appeal, by the order dated 13.10.2015, a Division Bench of this Court had occasion to observe as under:

(3.) The undisputed fact as emerged from the records is that the petitioner No.1, Smt. Jayasree Paul entered into the service under the respondents No.1 and 2 as the Assistant Instructor (Stenography) on 22.12.1997 and the petitioner No.2, Sri Keshab Chakraborty entered into the service under the respondents No.1 and 2 as the Assistant Instructor (Stenography) on 23.12.1997 whereas the respondent No.5 entered into the service under the respondents No.1 and 2 as the Assistant Instructor (Stenography) 26.12.1997. It is also not in dispute that by the memorandum under No. F.DI/ESTT/II-8/2005/5995-6023 dated 22.04.2006, Annexure-2 to the writ petition, the final seniority list of the Assistant Instructor of various branches has been published by the respondent No.2. To be noted that by the said memorandum dated 22.04.2006, the draft seniority list as published on 31.03.2006 has been declared final. According to the said seniority list, the seniority positions of the petitioners and the respondent No.5 vis-a-vis the other particulars are as under: