LAWS(GAU)-2009-2-21

PALLAB DATTA ROY Vs. STATE OF TRIPURA

Decided On February 25, 2009
Pallab Datta Roy Appellant
V/S
STATE OF TRIPURA Respondents

JUDGEMENT

(1.) BOTH the writ petitions raising seniority dispute pertaining to the same establishment and cadre have been heard together and are being disposed of by this common judgment and order.

(2.) AT the time of filing the writ petitions, the two petitioners involved in the writ petitions were working as Lower Division Clerk (LDC) in the establishment of the Chief Judicial Magistrate, South Tripura, Udaipur and the Chief Judicial Magistrate, West Tripura, Agartala respectively. The petitioners were initially appointed as non-regular copyists for a period of 6 months. Both of them were so appointed in the year 1981. On the other hand, the respondent No. 7 Shri Dilip Kumar Sinha and the respondent No. 8 Shri Kajal Kanti Sengupta were so appointed in the year 1982. In the draft seniority list of non-regular copyist as on 1. 3. 1984, the petitioners' names appeared at serial No. 4 and 1 respectively and that of the respondent No. 7 and 8 at serial No. 9 and 15 respectively.

(3.) THE draft seniority list of Group-C staff as on 1. 11. 1996 was published vide memorandum dated 20. 3. 1997, in which the respondents No. 7 and 8 were placed at serial No. 95 and 96, while the petitioners were placed at serial No. 112 and 109 respectively. The draft seniority list was re-published by memorandum dated 14. 7. 1997, in which also the private respondents were assigned higher seniority above the petitioners. Finally, the final seniority list of Group-C staff was published by memorandum dated 26. 2. 1998, in which the private respondents figured at serial No. 68 and 69 respectively, while the petitioners figured at serial No. 90 and 87 respectively.