ABDUL SAHID Vs. STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. S. Talapatra, learned senior counsel assisted by Mr. B. Banerjee, learned counsel for the petitioner and Mr. T. D. Majumder, learned Additional Government Advocate for the State-respondents.

(2.) IN this batch of writ petitions, the petitioners have challenged the order dated 25.10.2005 issued by the Director General of police terminating their promotions to the posts of Havildar (Clerk). The petitioners have also prayed for issuing a writ of mandamus directing the respondents to allow them to continue in the posts of Havildar (Clerk), in Tripura State Rifles Battalion.

(3.) THE facts, leading to filing of these writ petitions, may be stated in brief as follows:- By a Crash Message dated 13/10/2003, the Deputy Inspector General of Police, A. P. (ADM and TRG) issued an advertisement for filing up the vacant posts of Havildar (Clerk) in Tripura State Rifles (for short 'TSR') by inviting names of willing and eligible candidates of Tripura State Rifles Personnel working in various eligible ranks/cadre of the service. THE advertisement so issued by the respondent is reproduced herein below, for the sake of convenience:- Pursuant to the above advertisement, a written test and type test was held on 12.01.2004. THE Government of Tripura vide its order dated 21.01.2004 declared the list of successful candidates and accordingly, vide order dated 10.02.2004, appointed/promoted all the petitioners along with others in the posts of Havildar (Clerk), against the existing vacancies in various TSR Battalions in usual pay and allowances, as admissible under the Rules. In pursuance of the said order, the petitioners joined the posts and were discharging duties as usually. All of a sudden, by an order dated 14.12.2004, the respondent authority cancelled the promotion order dated 10.02.2004 of the petitioners on the ground that in terms of the Rules of 1984, the petitioners were not entitled to be promoted to the aforesaid posts.