STATE OF TRIPURA Vs. NISHIT BIDYUT BISWAS

JUDGEMENT

(1.) HEARD Mr. P. Deb Roy, learned counsel appearing for the State appellant as well as Mr. A. Lodh, learned counsel representing the respondent-writ petitioner.

(2.) BY means of this appeal, the appellants have put to challenge the judgment and order dated 11. 11. 99 passed by the learned Single Judge in the writ petition being Civil Rule No. 605 of 1994, later on re-numbered as Civil Rule No. 118 of 1996 by which a direction was issued to consider the case of the writ petitioner-respondent for promotion to the post of Executive Engineer with effect from 15. 12. 88 from which date his juniors were so promoted.

(3.) THE respondent herein filed the writ petition in the year 1994 praying for a direction to the appellants herein to promote him as Executive Engineer with effect from 15. 12. 88. The prayer was made on the ground that the respondents Nos. 3 and 4 who were juniors to him had been promoted with effect from 15. 12. 88. But on perusal of the writ petition what has transpired is that it was the respondent No. 3 who, in fact, was given retrospective promotion with effect from 15. 12. 88. But, on the other hand, the respondent No. 4 was given promotion with effect from 22. 5. 93. In the writ petition, the stand of the petitioner was that there being no adverse material against him and he being senior to those respondents ought to have been promoted at par with the said respondents and consequently, should have been granted promotion with effect from 15. 12. 88.