PRAFULLA CHANDRA DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By this writ petition, the 4 petitioners, approached this Court for issuing a writ in the nature of certiorari or appropriate writ of the like nature or order or direction, for setting aside the impugned Memorandum dated 6th April, 1994 marked as Annexure-3 to the writ petition cancelling the earlier Prisons Directorate, Government of Tripura Memo No, F.II-586/IGP/81/3151 dated 17.4.1990 declaring the result of the successful Warders and Head Warders in the departmental examination for the purpose of departmental promotion for the post of Head Warders and Chief Head Warders.

(2.) The case of the petitioners is that they have been appointed as Warders and Head Warders under the Directorate of Prisons, Government of Tripura and they have been discharging their duties in different jails in Tripura. Their next post for promotion from the post of Head Warders and Warders are to the posts of Chief Head Warder and Head Warder. As per Memorandum No. F.II-586/IGP/81/286-95 dated 17-1-1990 issued by the Inspector General of Prison, Tripura, a departmental examination for promotion to the posts of Chief Head Warder and Head Warder would be held on 19th and 20th February, 1990 at Agartala Central Jail, as seen in the Annexure-I to the writ petition. In the said Memorandum dated 17.1.1990 it has been stated that as per Recruitment Rules for the post of Chief Head Warder, all Head Warders and such Warders who have completed 5 years of service on the 1st day of January, 1990, are eligible for appearing in the said departmental examination. The petitioners along with others appeared in the said examination. The result of the said examination was declared on 17.4.1990 under Office Memorandum No. F.II-586/IGP/81/3151 issued by the Joint Secretary cum Inspector General of Prison, Government of Tripura, Agartala. The said Inspector General of Prison, Tripura, Agartala is the appointing authority. In the said memorandum of 17-4-1990, it is stated that all those Warders and Head Warders who have got 50% marks are declared to have passed the departmental examination and, as such, they would not require to appear in future at the departmental examination for the purpose of promotion, but it is clarified therein that, for promotion in future. A.C. Rs and Service records will be taken into account. The petitioner Nos. 1 to 4 whose names appear in the said list of successful persons at Sl. No. 41,54 and 17 in the column of "Warders" and SI. No. 15 in the column of "Head Warders." The respondent No. 2, Joint Secretary to the Government of Tripura issued a Memorandum dated 6-4-1994 i.e. the impugned order, cancelling the earlier order dated 17-04-1990 as an Annexure-1 to the writ petition, by deciding that the result of the departmental examination held in March, 1990 of the Warders and Head Warders for promotion to the post of Head Warders and Chief Head Warders shall have no effect for the purpose of the aforesaid promotion and for such promotion, a fresh departmental examination will be held as and when required. Being aggrieved by the said Memorandum dated 6th April, 1994, the petitioners have filed this writ petition.

(3.) Mr. A. Lodh, learned counsel for the petitioners submits that the impugned Memorandum/order dated 6.4.1994 was passed/issued in complete violation of the principle of natural justice. He furter submits that no reason has been assisgned in the impugned order for recalling or cancelling the earlier Memorandum dated 17.4.1990. Mr. Lodh, submits mat a discremination has been meted-out by the respondents towards the petitioners in the matter of appointment on promotion to the post of Head Warders and Chief Head Warders inasmuch as 27 persons whose names appeared in the select list, and similarly situated with the petitioners have been given appointment on promotion on the basis of the said result/select list as in Annexure-2 to the writ petition. Shri Lodh, further contended that in the year 1993 one Shri Ananda Sharma Warder of Central Jail. Agartala has been given appointment on promotion to the post of Head Warder on the basis of the same select list. In the said select list name of the said Shri Ananda Sharma appears at serial No. 10 of the "Warders" column. He further went to submit that by an order dated 20.4.1995, 5 female warders have been promoted to the post of Head Warders only on seniority basis, although they did not appear at the departmental examination as seen in the document marked as Annexure-5 to the writ petition.