ASHUTOSH ROY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The present petitioners before me were serving in the Agriculture Department, Government of Tripura and at the relevant time, they were posted as Head Clerk/ Accountant in various offices of the said Department. They all belong to the un-reserved category and they alongwith proforma- respondent Nos. 10 to 19 were serving in the feeder posts being eligible for promotion to the posts of Office Superintendent. In the said Department of Agriculture, the total number of posts in the cadre of Office Superintendent is twenty, out of which six are reserved for Scheduled Tribes, three for Scheduled Castes and remaining eleven for general category. All these pasts were filled up in the year 1992 and thereafter, when vacancies arose due to retirement, resignation etc., some orders of promotion were passed against which a number of litigations were initiated. In this writ petition, we are not concerned with the above.

(2.) The relevant fact is that during the year 1996 and 1997 as many as 10 vacancies arose due to retirement, resignation etc. Among these seven persons belonged to general category, two were Scheduled Castes and one was Scheduled Tribes. Thereafter, vide impugned order dated 29.5.1997, these ten vacancies were filled up by one general category, five Scheduled Tribes category and four Scheduled Castes category officers fby promotion. The petitioners have challenged the above order of promotions mainly on the ground that as 10 vacancies arose in the ratio of 7 : 2 : 1 as stated above, these posts were to be filled up in the above ratio only, that is 7 general, 2 Scheduled Castes and 1 Scheduled Tribes. In support of their submission, the petitioners have relied on a decision of the Apex Court in the case of R.K. Sabharwal & Ors., petitioners -Vs- State of Punjab & Ors., respondents, reported in (1995) 2 SCC 745 wherein the Apex Court held:

(3.) The respondent Nos. 1 to 8 have filed a joint written statement wherein it is fairly admitted that the petitioners and the profomna- respondent Nos. 10 to 19 had completed the required period in the feeder posts and they were eligible for promotion. The case of the respondents is that in the State of Tripura. The Tripura Scheduled Tribes and Scheduled Castes (Reservation of Vacancies in Services and Posts) Act, 1991, for short, the Act is in force and in view of the provisions of the said Act and the Rules framed thereunder, a 100 point roster is available and at the relevant time the said 100 point roster was not exhausted and the promotions were made as per the said roster and also taking into consideration the backlog vacancies in respect of Scheduled Castes and Scheduled Tribes candidates. It is further stated in para 22 of the written statement that the backlog vacancies were filled up as per the special recruitment drive for filling up SC/ST reserved vacancies.