BRAJ ADULAL DUTTA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The two writ petitioners herein were appointed as fireman on 10.4.1973 and 18.04.1973. The 3rd and 4th respondents were also appointed as fireman on 17.04.1973 and 23.04.1973 respectively. A seniority list of firemen was published on 9.12.1974 wrongly showing the 1st petitioner below the 3rd respondent and 2nd petitioner below the 4th respondent though they were appointed earlier. The said seniority list was called in question by another fireman Milan Krishna Paul in a suit in the Court of learned Subordinate Judge, West Tripura, Agartala in T.S.26 of 1977. By the judgment dated 31.01.1983 passed by the learned Subordinate Judge, the said seniority list was set aside with a direction to the State respondents to publish a correct seniority list of the firemen on the basis of their date of joining in the post of fireman. The respondents assailed the said judgment in the first appellate court in Title Appeal No. 10 of 1983 and having lost there filed Second Appeal No. 10 of 1984 which was also dismissed by this court. Thereafter on 16.11.1996 a fresh seniority list was finally published showing the 1st petitioner Brajadulal Dutta at serial No. 71, above the 3rd respondent at serial No. 72 and the 2nd petitioner Usha Ranjan Roy was shown at serial No. 73 above the 4th respondent at serial No. 74. But during these long period from 9.12.1974 when the first seniority list of firemen was published to 16.11.1996 when the second seniority list of firemen following the judgment and order of the court was published, a period of more than 22 years, much water has flown down the river creating certain anomalous situation regarding promotion of the petitioner and the private respondents which have been sought to be addressed by the present writ petitioners. The 3rd and the 4th respondents have reaped the benefits of their seniority position in the first seniority list by way of promotion to the post of Sub Officer with effect from 18.5.1977 and 1.12.1979 respectively. The two petitioners got promotion to the said post of Sub Officer only on 4.8.1977, after a period of 8 to 10 years. The next promotion from Sub Officer is to the grade of Station Officer to which the 3rd and 4th respondents have been promoted leaving the petitioners in the grade of Sub Officer. For promotion to the grade of Station Officer certain training is compulsory for the purpose of eligibility as per recruitment rules, but because of their lowered position in the wrong seniority list, the petitioners were not sent for the said training before the 3rd and 4th respondents. By this writ petition, the petitioners have sought a direction to the respondents to consider their promotion to the post of Station Officer and other higher posts from the date when the 3rd and 4th respondents have been promoted and restore their seniority in all the grades showing them above the 3rd and 4th respondents. They have also sought for setting aside the order dated 8.6.2000 (Annexure-6) of the Director of Fire Services (the 2nd respondent herein) whereby the representation of the petitioners for retrospective promotion and seniority has been rejected.

(2.) The respondents have contested the claims of the petitioners contending, inter alia, that though the seniority list was recast on 16.11.1996 following the direction of the court, it was not possible to provide retrospective promotion to the petitioners only on the basis of such restored seniority, particularly because there was no such specific direction in the judgment following which the seniority positions had to be recast.

(3.) I have heard Mr.S.Talapatra, learned senior counsel assisted by Mr. B. Banerjee, learned counsel for the petitioners and Mr. A. Ghosh, learned Government Advocate for the State-respondents.