STATE OF TRIPURA Vs. PRAFULLA KUMAR DAS

JUDGEMENT

(1.) As a common question of fact and law arises in the writ appeal and in the civil rule, they are being disposed of by this common judgment.

(2.) The facts, briefly, are that by an order dated 17.1.90, the Inspector General of Prisons, Tripura, notified that a departmental examination for promotion to the post of Chief Head Warder would be held on 19th & 20lh Feb. '90 at Agartala Central Jail and all Head Warders and Warders who had completed five years of service on the 1st day of January, 1990, were eligible for appearing in the departmental examination. Along with the said order, the syllabus for the departmental examination was also enclosed. Thereafter, on 17.4.90, the Joint Secretary -cum- Inspector General of Prisons, Tripura, issued a Memorandum stating that all those Warders/ Head Warders who had appeared in the departmental examination for "the purpose of departmental promotion to the posts of Head Warders and Chief Head Warders and had got 50% marks were declared to have passed the departmental examination and were not required to appear in future in the departmental examination for the purpose of promotion. In the said Memorandum, however, it was clarified that for such promotion in future ACRs and Service Records would be taken into account. The case of the respondents 1 to 4 in Writ Appeal No. 29/96 and the case of respondents 4 to 7 in Civil Rule No. 210/96 is that they have taken the said departmental examination and they have passed the same and their names have been included in the list of successful candidates. Further case of the aforesaid private-respondents is that on the basis of the said select list of candidates who had passed the departmental examination promotions to the posts of Head Warders and Chief Head Warders were made from time to time; but when the turn of the said private respondents for promotion came, the Government of Tripura in the Jail Department by Memo. dated 6th April, 1994, cancelled the earlier Memorandum dated 17.4.90 and further notified that the results of the departmental examination held in March, 1990, of the Warders and Head Warders for promotion to the posts of Head Warders and Chief Head Warders shall have no effect for the purpose of the aforesaid promotion and for such promotions a fresh departmental examination would be held as and when required. Aggrieved by this Memo. dated 6.4.94 of the Government of Tripura in the Jail Department, the private-respondents 1 to 4 in Writ Appeal No. 29/96 filed Civil Rule No. 202/94 in this Court under Article 226 of the Constitution, and after hearing the learned counsel for the parties, the learned Single Judge by JUDGMENT & ORDER dated 7.3.96 quashed the impugned Memo. dated 6.4.94, and further directed the appellants in the writ appeal to consider the case of the said privates respondents and the selected persons who were similarly situated with the private-respondents for appointment on promotion to the posts of Chief Head Warders and Head Warders on the basis of the said select list preferably within a period of two months from the date of receipt of the JUDGMENT & ORDER, and pass necessary orders in the matter.

(3.) Aggrieved by the said judgment and order dated 7.3.96 in Civil Rule No. 202/94 of the learned single Judge, the State- appellants have preferred this appeal. Since by the said judgment, the Memo, dated 6.4.94 of the Government of Tripura in the Jail Department cancelling the earlier Memo, dated 17.4.90 has been quashed, seven writ petitioners in Civil Rule No. 210/96 have challenged the earlier Memo, dated 17.4.90 of the Joint Secretary cum- Inspector General of Prisons, Tripura in the said Civil Rule.