BIKASH DEB BARMA Vs. REGISTRAR GAUHATI HIGH COURT

JUDGEMENT

(1.) The petitioner is a Scheduled Tribe. On the recommendation of the Tripura Public Service Commission, he was appointed to the post of Tripura Judicial Service, Grade-III by an order dated 15.2.1982 and the petitioner joined the post on 22.3.1982. The appointment of the petitioner to the post of Grade-Ill, Tripura Judicial Service has been made in accordance with the Tripura Judicial Service Rules, 1974. Thereafter, the Government of Tripura by a Notification dated 19.2.1977 reserved quota against the promotion for Scheduled Castes and Scheduled Tribe candidates, because they were not adequately represented. The reservation on promotion quota was to be equivalent lo the percentage of reservation in the matter of direct recruitment with immediate effect in respect of all category of posts under the State. Thereafter, the Tripura Legislative Assembly vide Act No. 5 of 1991 enacted an Act called the Tripura Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1991 (hereinafter the Act). Section 5 of the said Act provides for reservation of Scheduled Castes and Scheduled Tribes in vacancies to be filled by promotion. In this writ petition, the petitioner into alia prays for a writ of Mandamus for a direction to the Respondent Nos.1 and 2 to promote the petitioner to Tripura Judicial Service Grade-II with effect from 22.3.1984, the date on which the petitioner completed the period of probation, in terms of Notification dated 19.2.1977 and Section 5 of the Act of 1991.

(2.) I have heard Mr. S. Deb, learned counsel for the petitioner, Mr. B. Das, learned counsel for the respondent Nos. 3, 5, 7, 8, 9, 10, 14, 16, 23, 25, 30, 31 and 32, Mr. B.B. Deb, learned counsel for the respondent Nos. 13, 26 and 34, Mr. A.M. Lodh, learned counsel for the respondent No. 21 and Mr. K.N. Bhattacharjee and Mr. S. Majumdar, learned counsel for the intervener. Heard also learned Advocate General for respondent No. 2. Learned Advocate General adopted the argument of the petitioner.

(3.) The sole question to be determined in this case is whether Judicial Officers of the Scheduled Castes and Scheduled Tribes in Tripura can claim reservation in promotion quota on the basis of Government Notification dated 19.2.1977 and Section 5 of the Act of 1991, in absence of specific provision made in the Judicial Service Rules, 1974 in this behalf.