MIHIR LAL CHOUDHURY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) An order of promotion dated 16.12.1988 of Shri Ajit Kumar Gupta and Shri Ajit Kumar Debnath, the fourth and fifth respondents in this case, to the post of Superintending Engineer (Electrical) under Power Department, Government of Tripura on adhoc basis for a period six month from the date of taking over the charges or till the post is filled up on regular basis, whichever is earlier as well as the final seniority list of Executive Engineers (Electrical) under the Power Department, Government of Tripura, published on 16.12.1988, placing the names of the Respondents Nos. 4 to 6 over the three petitioners and also the order of regular appointment of the fifth and sixth respondents to the post of Superintending Engineer (Electrical), appointment of the fourth respondent to the post of Additional Chief Engineer (Electrical) on adhoc basis, are the main subject matters challenged in the present writ petition.

(2.) According to the petitioners, they are degree holders in Electrical Engineering and they were appointed as Assistant Engineers (Electrical) as direct recruits through Tripura Public Service Commission and subsequently they were promoted to the rank of Executive Engineer (Electrical) and that they are all eligible for promotion to the post of Superintending Engineer (Electrical) on the basis of their past meritorious and satisfactory services and also in accordance with their seniority. It is also the case of the writ petitioners that on the. basis of the merit list prepared by a duly constituted Departmental Promotion Committee on 21.1,1981 for appointment to the post of Executive Engineer (Electrical) on regular basis, they are more meritorious than the respondents Nos. 4,5,6 and 7.

(3.) In 1982. Public Works Department, Government of Tripura, published a tentative seniority list of the Executive Engineers (Electrical) as in Annexure-A to the writ petition, wherein the names of the petitioners appear at serial Nos. 8,9, and 10 respectively and whereas the names of the respondents Nos. 4,5,6 and 7 appear at serial Nos. 12,14,16 and 18. According to the writ petitioners, because of promotions, retirements and resignation of serving Executive engineers (Electrical), the petitioners Nos.lt2 and 3 should be listed at serial Nos. 1,2 and 3 in the relevant seniority list of Executive Engineers (Electrical) on the basis of merit list. However, the respondents Nos. 1 to 3 have taken hasty steps to modify the seniority position as in the said tentative seniority list and have surreptiously passed an order on 16.12,88, behind the back and knowledge of the petitioners thereby placing the respondents Nos. 4,5 and 6 above the petitioners and on the very same day by another order of 16.12.1988, the said respondents Nos, 4 and 5 have also been promoted to the post of Superintending Engineer (Electrical) on adhoc basis without considering the case of the writ petitioners for such promotion. The writ petitioners went on to state mat the fourth respondent, Shri Ajit Kumar Gupta filed a writ petition before this Court being Civil Rule No. 127 of 1981 for a direction to the authority concerned for placing him above the present writ petitioners in the seniority list of Executive Engineers (Electrical). But the said case was dismissed as being infructuous on 9,1.1989.