SUBODH NATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. A. Bhowmik, learned counsel appearing for the petitioner as well as Mr. M. Debbarma, learned Addl. G.A. appearing for the respondents.

(2.) A unique question has been raised in this writ petition that the petitioner was engaged as the permanent labourer by the respondents on 4/9/1978 and he has been discharging his duties since then, without any blemish. By the notification No.F.2 (114)- Agri. (ESTT)/89-98 dtd. 12/10/1998 a seniority list of the permanent labourers under the respondents was published showing the seniority position as on 1/10/1998. In the said seniority list, the petitioner's name figures at serial No.328 where as the name of the private-respondents namely Sri Milan Kr. Das features at serial No.467, Sri Ramakanta Das features at serial No.469 and Sri Padabihari Chakma features at serial No.837. It was the initial case of the petitioner that the private-respondents since are junior to the petitioner and they were appointed as the farm worker on regularisation it is case of hostile discrimination against the petitioner without any valid reason. But from the initial scrutiny as carried out by this court, it appeared that all the private-respondents (supra) do belong to the reserved category viz. SC and ST and they were only appointed against in the respective reserved category. It is the admitted position that the petitioner does not belong to either of the reserved categories and he is a candidate from the un-reserved category.

(3.) Having confronted with such situation, this court raised certain queries to the respondents by its order dtd. 20/12/2018. For purpose of reference, the relevant part of the said order is extracted hereunder :