STATE OF TRIPURA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF TRIPURA, DEPARTMENT OF R D (PANCHAYATS) Vs. NARAYAN CH DAS

JUDGEMENT

(1.) THE directions given by the judgment and order dated 11.11.2005, in Civil Rule No. 385 of 1995, are under challenge in the present appeal.

(2.) THE material facts giving rise to the main issues were not in dispute in the writ petition and it is mainly the directions, passed by the learned Single Judge of this Court, while disposing of the writ petition which form the subject matter of challenge in this appeal. We, therefore, reproduce hereinbelow the directions which were given by the learned Single Judge in the writ petition : "10. In the result, this writ petition is disposed of with the following directions : (i) The respondents, particularly, the respondent No. 3 shall promote the petitioner to the post of U.D.C. against roster plaint No. 4 reserved for scheduled caste with effect from 18.5.1987 with all consequential benefits except actual monetary benefit. (ii) The scheduled tribe incumbent who filled up the said post by exchange method shall be pushed back to roster -point No. 9 for accommodating the petitioner at roster point No. 4 as indicated above. (iii) The respondent No. 3 shall thereafter consider the case of the petitioner for promotion to the post of head clerk with effect from 7.3.1988 against the post reserved for scheduled caste at roster point No. 4 or with effect from the date he completed 5 years of service counting from 18.6.1987 against roster point No. 9. (iv) Such promotion shall be made with all consequential benefit except actual monetary benefits. (v) Any dislocation in the service of other incumbent(s) resulting from such exercise may be resolved by creating supernumerary post(s), if necessary. (vi) The entire exercise shall be completed by the respondents within a period of three months from the date of receipt of this judgment. The parties are directed to bear their own costs."

(3.) THE respondent No. 1 herein, who was the petitioner in the writ petition, being a member of the scheduled caste, received appointment as Lower Division Clerk (in short, 'L.D.C.') in the Directorate of,'Panchayat, Government of Tripura, on 6.7.1979, and joined the post on 16.7.1979, accordingly. In terms of the relevant Recruitment Rules, L.D.C. forms the feeder cadre for the promotional post of Upper Division Clerk (in short, 'U.D.C.'), the minimum qualifying service for promotion to the post of U.D.C. being five years in the grade of L.D.C. and the post is a non -selection post. The writ petitioner became eligible for promotion to the post of U.D.C. on 16.7.1984. A post of U.D.C. fell vacant in the Directorate of Panchayat, Government of Tripura on 18.5.1987. On the date, on which the vacancy so arose, the writ petitioner was the senior -most scheduled caste candidate, eligible for promotion to the post of U.D.C., and in the ordinary course, he would have been promoted as a member of the scheduled caste community to the vacant post of U.D.C. against Point No. 4 of the 100 Point Roster of Reservation maintained by the establishment concerned but due to the fact that one Smt. Uma Choudhury, L.D.C., a member of the scheduled caste community, was senior to the writ petitioner the writ petitioner's case was not considered for promotion. The Departmental Promotional committee (in short, 'D.P.C.'), which held its meeting, on 19.7.1990, took into consideration the proceedings of D.P.C. meetings held earlier on 18.5.1987 and 26.11.1987. What stood recorded in the D.P.C. meetings was that there was one vacant post of U.D.C. reserved for scheduled caste candidate against point No. 4 of the 100 point roster but Smt. Uma Choudhary's case for promotion could not be recommended, because a challenge to her status, as a member of the scheduled caste, was pending for determination.