SAIKAT DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Both the appeals, one by the private Respondent and the other by the State of Tripura, against the same judgment, have been heard together and are being disposed of by this common order.

(2.) The facts involved are in a very narrow campus. The writ Petitioner, who is the Respondent in the appeals, had filed the writ petition questioning the legality and validity of the particular advertisement, by which the solitary post of Manager in the Printing & Stationary Department, Government of Tripura, was kept reserved for S.T. category candidates. The advertisement dated 15.11.1997, apart from laying down the required qualification, etc. also laid down the age prescription, which was 37 years as on 01.11.1997. The post was to be filled up by way of direct recruitment. It will be pertinent to mention here that the writ Petitioner, who is the Respondent in the appeal, being aged about 47 years, was not eligible to offer candidature in terms of the said advertisement.

(3.) As per the recruitment Rules for the post of Manager, the post is to be filled up by promotion from Deputy Manager with 5(five) years service in the grade or by transfer from analogous post, failing which by direct recruitment. It was not the case of the writ Petitioner that he being in the rank of Deputy Manager was eligible for promotion and that he was sought to be deprived of such promotion by filling up the post on direct recruitment basis. Thus on both counts i.e. for direct recruitment and promotion, the Petitioner was not eligible to be appointed to the post of Manager. It will be pertinent to mention here that during the pendency of the writ and the appeal proceedings, the writ Petitioner has retired from service on attaining the age of superannuation.