Shri Ratul Debbarma and 16 Ors v. The Secretary, to the Government of Tripura and 2 Ors

Order

27.03.2023 Heard Mr. S. M. Chakraborty, learned senior counsel assisted by Ms. Ankita Pal, learned counsel appearing for the petitioners. Also heard Mr. D. Bhattacharya, learned G.A appearing for the respondent nos.1 and 2 and Mr. Raju Datta, leanred counsel appearing for the respondent no.3. The petitioner has prayed for the following reliefs: "(a) Admit the petition;

And

(b) Issue Rule NISI upon the respondents to show cause as to why a writ of Mandamus or of the like nature shall not be issued commanding upon the respondents to include the post of Supervisor (ICDS) in the list of feeder posts for TCS Grade-II in the Schedule IV of the Tripura Civil Services Rules, 1967;

And

(c) Pass direction upon the respondents to give the benefits of past service of such inclusion of the post of Supervisor

(ICDS) for promotion in TCS Grade-II with immediate effect;

And

(d) Make the Rule absolute in the light of the prayers made above;

And

(e) Any other appropriate order or direction as this Hon'ble Court deems fit and proper may kindly be passed.

In a similar and identical writ petition no. WP(C) No. 08 of 2013, this Hon'ble Court on 07.06.2013 had passed the following order:-

"It appears from the letter dated 07.03.2012 written by the Principal Secretary (Social Welfare and Social Education Department), Govt. of Tripura to the Principal Secretary, G.A.(P & T) Department that the Govt. is considering the case of the petitioners with some human touch. Thus, it would meet justice if the petitioners are directed to file a fresh representation along with this order and copy of the writ petition, to the principal Secretary, G.A.(P & T) Department through proper channel for considering their prayer to include the post of C.D.P.O. as one of the feeder post for promotion to the post of TCS Grade-II within a period of one month from today. The Principal Secretary, G.A (P & T) Department is directed to consider the prayer of the petitioners as they have no promotional avenues though they were toppers in the combined competitive examination and the persons who were less meritorious then them and appointed in the lower Grade of the post of Inspectors and their posts have already been included in the feeder post of TCS Grade-II. Accordingly, it is ordered.

The entire exercise shall be completed within a period of 3 months from today.

If the petitioners are aggrieved by the decision of the respondents, then they are at liberty to approach this Court again in accordance with law.

With the aforesaid order, the instant writ petition is disposed of."

Considering the nature of the case and the relief sought for, I refer the matter to the respondents to consider the same in the light of the context made in this writ petition.

With the above direction, the instant writ petition stands disposed.

The entire exercise shall be completed within a period of 3(three) months from the date of receipt of a copy of this order.

JUDGE

Rohit

HIGH COURT OF TRIPURA AGARTALA WP(C) 960 of 2021 1. Shri Ratul Debbarma 2. Shri Snehasish Datta 3. Shri Rajib Kumar Dev 4. Smti Chhanda Bhusan 5. Shri Biswajit Haldar 6. Smti. Keya Mukhopadhyaya 7. Smti Gopa Acharjee 8. Smti. Munmum Majumder 9. Shri Narayan Deb 10. Shri Atanu Roy 11. Shri Debayan Ganchaudhuri 12. Shri Vikram Debbarma 13. Shri Sangeet Saha 14. Shri Biswajit Bhattacharjee 15. Shri Anirban Deb 16. Shri Partha Sarathi Dey 17. Shri Subhas Das ---Petitioners Versus 1. The Secretary to the Government of Tripura General Administration (Personal and Training) Department Civil Secretariat, Agartala, District-West Tripura-799010 For self and on behalf of State of Tripura. 2. The Secretary to the Government of Tripura, Department of Social Welfare and Social Education Civil Secretariat, Agartala, District- West Tripura- 799010 3. Tripura Public Service Commission, Represented by its Secretary Akhaura Road, Agartala, P.O- Agartala, District- West Tripura ---Respondents For the Petitioner(s) : Mr. S. M. Chakraborty, Sr. Advocate Ms. Ankita Pal, Advocate For the Respondent(s) : Mr. D. Bhattacharya, G.A. Mr. Raju Datta, Advocate HON'BLE MR. JUSTICE ARINDAM LODH