SURESH SINGH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This application for modification and/or alteration of the interim order dated November 18,1994 raises certain vital and interesting issues in the light of the cases Indra Sawhney-Vs-Union of India and Others reported in AIR 1993 SC 477 and R.K. Sabharwal and Ors. -Vs- State of Punjab and Ors. reported in (1995) 2 SCC 745. The interim order was passed on the basis of the submission made by the learned Advocate General that in view of law laid down by the Apex Court in the case of Indra Sawhney (Supra) that it was no lodger possible to take provision for more than 50% reservation of appointments or posts in any service whatsoever on any ground including the "carry forward rule" in a particular year. Now the respondents filed application for modification and/or alteration of the interim order a aforesaid in view of the latest decision of the Apex Court in the case of R.K. Sabharwal and Ors. (Supra).

(2.) The present matter under disposal involves complicated questions of facts and laws and it is therefore considered necessary to discuss in details for proper understanding of the issues involved therein which would appear herein-below.

(3.) The petitioners have not filed separate Misc. case seeking any interim order or relief. It is, therefore, necessary to state the brief facts stated in the writ petition. These seven petitioners have been working in the Civil Secretariate under the Government of Tripura for a long time as L.D. Assistant-cum-typists/Assistants/Head Assistants/Office Superintendents/ Section Officers. According to the petitioners there was no separate rules for Secretariat employees and of late, Secretariat Service Rules, 1989 (for Short the Rules) was introduced with effect from January 1, 1989 and the Rules provide for six grades under Sub-rule 2 of Rule 7. The Rules provide for special provisions for representation of the Scheduled Castes and Scheduled Tribes in the matter of direct recruitment and [promotion and according to petitioners in the Rules, the provisions for reservations of Scheduled Castes and Scheduled Tribes have not been given retrospective effect. The petitioners stated that for more than one year 22 Grade-II posts (Under Secretary) are lying vacant to be filled up by promotion as per Rule and that the petitioners are eligible for promotion to the Grade-II posts according to the Rules. The petitioners further case is that to deprive them from their due legitimate entitlement of promotion, the Commissioner-cum-Secretary to the Government of Tripura, Department of Welfare for Scheduled Castes and O.B.C., the respondents No. 3 issued Memorandum No. 12253-56/F. 2-151/ SCW/GL/90 dated May 24, 1994 which is annexure 'A' by which clarification on 100 point roster was issued. The said Memorandum dated May 24, 1994 reads as follows : - GOVERNMENT OF TRIPURA DEPARTMENT FOR WELFARE OF SCH. CASTES TRIPURA : AGARTALA No. 12253/56/F.2-151/SCW/GL/90 Dated, the 24th May, 1994. MEMORANDUM Sub- Clarification on 100 Point Roster Register. The undersigned is directed to refer to Memo No. F.2 (7)-GA/94 dated 23.3.94 of the Appointment & Services Department whereby the Appointment & Services Department has sought clarification whether the 100 point Roster for reservation for the post of Under Secretary of the