MIRA ROY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) All the writ applications raise the common question of law and almost similar facts. These writ applications have been filed by 19 petitioners in all with the prayer to set aside the memorandum dated 31.3.1999, Annexure-11 (wrongly typed out as Annexure-12 in the writ petitions). Annexure-11 reads as follows:- "No.F.3(51 )-DSWE/ESTT/97 GOVERNMENT OF TRIPURA DIRECTORATE OF SOCIAL WELFARE & SOCIAL EDUCATION AGARTALA: TRIPURA Dated, Agartala, the 31.3.1999 MEMO Shri/Smt. Juthika Bhattacharjee, Supervisor, ICDS was appointed on ad-hoc basis and his/her ad-hoc appointment is continued from time to time. As he/she was appointed on adhoc basis without following the selection process through TPSC. His/her ad-hoc appointment could not be regularised. Because of this, his/her adhoc appointment may be discontinued at any time by the Government. The TPSC has issued advertisement vide No. 3/99 dated 17.3.99 for the post of Supervisor, ICDS. The last date for submission of application is 17.4.99. Shri/Smti. Juthika Bhattacharjee, Supervisor, ICDS is requested to apply for the post to the Secretary, IPSC through the proper channel. Sd/-Illegible (S.Sailo) DIRECTOR SOCIAL WELFARE & SOCIAL EDUCATION TRIPURA" Thereafter, these posts were advertised and already the selection has been made by the Tripura Public Service Commission, but resuilt has not been announced. In W.P.(c) Nos. 94/2000,102/2000 and 103/2000 the subsequent advertisement issued has been challenged.

(2.) There are basic differences in the facts of all the cases. In W.P.(C) No. 394/99 there are two petitioners namely, Smti Mira Roy and Smti Juthika Bhattacharjee. These two petitioners earlier filed a suit being Title Suit No. 34/87 before the learned Assistant District Judge, Kailashahar, North Tripura for certain reliefs. The suit was dismissed. Thereafter, there was an appeal being Title Appeal No. 15/92 before the learned District Judge. North Tripura, Kailashahar. The learned District Judge allowed the appeal and in paragraphs 28 and 29 of the judgment he held as follows:- "28) In the result, therefore, I find that the appellants were entitled to be duly considered for appointment as Social Education Workers or such other identical posts under the Education Department, Govt. of Tripura at least on 13.7.81 when their juniors were considered and offered such posts vide Exbt.8 series. Accordingly, this is an immature stage for deciding the additional issue No. 1 & 2 finally either in favour or against the appellants because these issues would arise only after the appellants succeed in getting regular appointment or deemed appointment with effect from any date prior to their date of actual joining to the regular posts of supervisor ICDS. (In case of Smt. Mira Roy appellant in T.A. 15/92) and the post of Junior Social Education Organiser (In case of appellant in T.A. 16/92 and T.A. 17/92). Hence the additional issue No. 1 & 2 are accordingly disposed of. 29) In view of the findings above, I find that all the appeals are to be allowed and accordingly the impugned judgment and decree of the Ld. Lower Court are hereby set aside. And it is hereby ordered that the appeals are allowed on contest and it is further ordered that the respondents are hereby directed to reconsidered the cases of these appellants for giving them regular appointments to the posts presently being hold by them with reference to the date 13.7.81 i.e. the date when their juniors were in fact appointed to the posts of Social Education Workers vide Exbt. 8 Series & Ext. 10 under the Directorate of Social Education, Govt. of Tripura. And it is further ordered that in case their cases are so considered and their appointments are given with effect from 13.7.81 or any other date as may be found reasonable then the respondents should consider granting of all financial benefit to which they may be legally entitled by virtue of such regularisation with such retrospective effect."

(3.) In terms of the aforesaid judgment, the two petitioners were appointed as Junior Social Education Organiser. Thereafter, all these matters took a curious turn. There were certain vacancies of Supervisor (ICDS) and many applications were received for the post. but the then Minister of State, Education, Health & Family Welfare and Women Welfare, Tripura by order dated 6.2.91 without following any due procedure past the following order :-