MITHUN BHATTACHARJEE Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. Somik Deb, learned counsel appearing for the petitioners as well as Mr. D. Sharma, learned Addl. G.A. appearing for the respondent No.1 and Ms. P. Dhar, learned counsel appearing for the respondents No.2 to 8.

(2.) The petitioners had appeared in the selection process for recruitment in the post of LDC [Group-C] under the District and sub-ordinate judiciary of Tripura in terms of the advertisement dated 24.04.2015, Annexure-1 to the writ petition. By the said advertisement, 21 vacancies were declared to be filled up. One post was in the regular scale whereas 20 other posts were in the fixed pay. It has been further clarified that the vacancy was likely to be increased or decreased. There is no controversy in respect of the eligibility of the petitioners or their appearance in the said selection process. There is no dispute that the petitioners could not occupy a position to be appointed against the declared vacancies but their name was placed in the panel whose life was one year from the date of publication of the result i.e.11.01.2017. According to the petitioners, 108 candidates was appointed on the basis of the select panel and thereafter, another 8 candidates were appointed from the panel within few months against the vacancies that had arisen thereafter but at the instance of the High Court, the said panel was cancelled in terms of the communication dated 20.12.2017. The communication dated 20.12.2017, Annexure-3 to the writ petition, made from the High Court contained inter alia as under:

(3.) From the information disclosed under Right to Information Act it appeared to the petitioners that 27 vacancies of LDC are still available to be filled up. Despite that, the petitioners were not appointed in the lifetime of the said panel. Hence, they have approached this court seeking the direction on the respondents for appointing them in furtherance of the said panel dated 11.01.2017, Annexure-2 to the writ petition. In support of their contention, a decision of this court in Sourav Datta vs. District and Sessions Judge and Anr. [judgment and order dated 29.06.2018 delivered in W.P.(C) No.213/2018] has been pressed into service to demonstrate that one of the persons in the said panel, namely Sourav Datta in terms of the direction of this court has been appointed as LDC. The following passage from the said judgment has been in particular referred by the petitioners: