RAMA RAKSHIT Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS common judgment will dispose of all the aforesaid four writ petitions since in all the writ petitions basically the Notification dated 27. 12. 2002, issued by the General Administration Department of the Government of Tripura promoting the petitioners and private respondent No. 8 to Tripura Police Service (TPS) Grade-I (Selection grade), placing the Respondent No. 8 Sri Uttam Majumder above the writ petitioners who were senior to Sri Majumder in TPS Grade-II, has been challenged. Besides this, the petitioners have also assailed the Notification dated 16. 12. 2008 whereby the Government has published separate final seniority list of TPS Grade-I keeping R-8 above the petitioners.

(2.) I have heard Sri K. N. Bhattacharjee and Sri S. Talapatra, learned Sr. Counsels for the writ petitioners. Private respondent No. 8 was represented by Sri S. Deb, learned Sr. counsel whereas the State respondents were represented by Sri S. Chakraborty, learned Addl. Government Advocate. Respondent Nos. 9 and 10 got themselves impleaded only with a limited prayer that the writ petitions may be disposed of at the earliest possible since their career was also affected because of the litigation. It is an admitted fact that R-9 and R-10 are undisputedly senior officers than the petitioners as well as R-8 by dint of their seniority in TPS Grade-II.

(3.) IT is the further case of the petitioners that under TPS Rules, 1967 there is only one 'service' i. e. Tripura Police Service as defined in Rule 2 (f ). It was contended by the learned counsel for the petitioners that in view of this statutory position the Government had published a common final seniority list of all the officers of Tripura Police Service both in Grade-II and Grade-I on 8. 11. 2004 (Annexure-7) wherein the seniority position of Sri U. Majumder (R-8) was maintained below the petitioners despite their promotion to the rank of Grade-I took place on 27. 12. 2002. Learned counsel for the petitioners also referred to Rules 28 and 29 of TPS Rules to contend that there is no scope for changing the seniority during promotion from TPS Grade-II to Grade-I. Learned counsel for the petitioners also submitted that while doing so, the Government must have taken into consideration certain guidelines issued by the Government of India on 10. 3. 1989 which were adopted by the State of Tripura vide office memorandum dated 23. 3. 1992. In the opinion of the learned counsels since TPS Rules, 1967 provides the method and modalities for promotion, the guidelines of Government of India to be followed by the Departmental Promotion Committees (DPC) during promotion have no application and any promotion or preparation of gradation list based on such guidelines are ultra vires being de-hors to the Rules. On these premises, it was urged that the impugned notification dated 27. 12. 2002 (Annexure-5) should be quashed only for the purpose of bringing the seniority of R-8 below the writ petitioners and the Office Memorandum dated 16. 12. 2006, i. e. the Final Seniority List of TPS Grade-I (Annexure-II) should be quashed in its entirety since there is no scope for publishing separate seniority list for TPS Grade-I.