RANJIT KUMAR DEY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal, filed by the writ petitioner, is directed against the common judgment and order dated 24th March, 2005 passed by the learned Single Judge in Civil Rule No.167/1997 and 3 (three) other writ petitions, rejecting the claim of the writ petitioner for fixation of pay at the pay scale of Rs. 200-300/- with effect from 26th November, 1970 to 14th September, 1978, in the revised pay scale of Rs. 250-400/- with effect from 21st February, 1972 and Rs. 350-725/- with effect from 1st March, 1974, respectively, with arrear salary as has been given to the respondent Nos. 3 and 4 and also to promote him to the post of Office Superintendent with effect from 27th November, 1991 in the pay scale of Rs. 2000 - 4410/-, i.e. the date when the respondent No.4 was promoted to the said post.

(2.) The admitted facts, which are necessary for disposal of the present appeal are that the appellant was appointed as Lower Division Clerk (LDC) vide order dated 5th August, 1966 and the respondent Nos. 3 and 4 were appointed as Accountant vide order dated 30th September, 1966 with effect from 27th September, 1966 and 14th September, 1966, respectively. Both the appellant and the respondent Nos. 3 and 4 were appointed in the same pay scale of Rs. 125-200/-. Both the posts of LDC and Accountant (Jr. Scale) are in the same grade. The respondent No.4, thereafter, was appointed in the post of Accountant (Sr. Scale) in the pay scale of Rs. 200-300/-, pursuant to the recommendation of the DPC held on 9th November, 1970. Such order of appointment was issued on 26th November, 1970. The said order of appointment of the respondent No.4 as Accountant (Sr. Scale) was, however, cancelled vide order dated 10th January, 1975, which was put to challenge by the said respondent in Title Suit No.1/1978 in the Court of the learned Sub Judge, Agartala. Vide judgment dated 18th April, 1979, the said suit filed by the respondent No.4 was decreed in his favor declaring the order dated 10th January, 1975 as invalid, inoperative and illegal and consequently the order of appointment as Accountant (Sr. Scale) with effect from 26th November, 1970 has been restored. The appellant though has claimed that the respondent No.4 being junior in the cadre of LDC/Accountant, he ought not to have promoted to the post of Accountant (Sr. Scale) and such appointment was in violation of the recruitment rules framed for the post of Accountant in Forest Department, the said order appointing the respondent No.4, however, has never been challenged by the appellant/writ petitioner. The decree passed by the learned Civil Court in Title Suit No.1/1978 has also not been challenged by the State and as such, it attains finality.

(3.) A writ petition being Civil Rule No.15/1980, however, was filed by one, Shri Sunil Baran Roy, challenging the order of appointment of the respondent No.4 dated 26th November, 1970. A Division Bench of this court disposed of the said writ petition vide judgment and order dated 27th April, 1989 refusing to set aside the order of appointment of the respondent No.4 as Accountant (Sr. Scale) dated 26th November, 1970, on the ground of delay and as the decree passed in Title Suit No.1/1978, having not been challenged, has attained finality. By the said judgment and order, the Division Bench, however, directed the State to finalize the interse- seniority between Shri Sunil Baran Roy (writ petitioner in the said writ petition) and the respondent No.4, keeping in view the judgment and decree passed by the Civil Court in Title Suit No.1/1978. It has, however, been made clear in the said judgment that while determining the inter-se-seniority, the Government would be well advised in not disturbing the seniority of other persons. The Division Bench, however, allowed the State to dispose of the objection, if any, filed by any of the incumbent relating to the seniority in accordance with law, if such objection has not already been disposed of.