Disposed

Anil Ch. Nandi v. the State of Tripura and Anr.

Tripura HC24 Aug 2017WP(C)/1043/2017

Case brief

AI extract

What is this about?

Three laboratory assistant petitioners challenged direct recruitment notifications fearing loss of promotion eligibility and seniority. Court found no issue as 15% quota reserved for promotion and seniority norms protect petitioners pending apex court resolution on reservations.

What did the court decide?

Directions to prepare roster for rotating vacancies between direct recruitment and promotion to protect seniority norms.

Anil Ch. Nandi Vs the State of Tripura and… — Pension and Retirement Benefits | Tripura HC (2017)

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W.P.(C) No.1017 of 2017 W.P.(C) No.1043 of 2017 W.P.(C) No.1044 of 2017

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Noting by Officer or Serial Date Office notes, reports, orders or Advocate No Proceedings with signature

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BEFORE THE HON’BLE MR. JUSTICE S. TALAPATRA
24.08.2017
Heard Mr. K. Nath, learned counsel appearing for the petitioner as well
as Mr. S. Chakraborty, learned Addl. G.A. appearing for the respondents. Mr. S. Chakraborty, learned Addl. G.A. has produced parawise written instruction signed by the Chief Engineer PWD
(DWS), Government of Tripura. Mr.
Chakraborty, learned Addl. G.A. at the
beginning has handed up the said parawise written instruction to this court and he has fairly submitted that since a very small issue is involved in this writ petition on the basis of the said written parawise instruction, this writ petition can be disposed of. These writ petitions being
W.P.(C) No.1017 of 2017 [Siba Prasad Ghosh
vs. State of Tripura & Anr.], W.P.(C)
No.1043 of 2017 [Anil Chandra Nandi vs.
State of Tripura & Anr.] and W.P.(C)
No.1044 of 2017 [Swapan Bhowmik vs.
State of Tripura & Anr.] are consolidated for
disposal by a common judgment as a
common question wades through all the writ petition.
All the writ petitioners are
presently working as the Laboratory
Assistant under the Irrigation & Flood Control
Organisation (PWD). The petitioners are
working in such capacity for quite a long
tenure, but they did not get any promotion
as yet. The recruitment rules for the post of

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Moumita

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Page 1 of 4

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W.P.(C) No.1017 of 2017 W.P.(C) No.1043 of 2017 W.P.(C) No.1044 of 2017

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Noting by Officer or Serial Date Office notes, reports, orders or Advocate No Proceedings with signature Junior Research Assistant as published by the notification under No. F.No.1(313)/CE/WR/UC/2012-2013(S) dated 11.06.2014 has provided promotional avenue from the post of Junior Laboratory Assistant (Un-common) on completion of 10(ten) years of satisfactory regular service and on the basis of seniority counted from the date of entry in the regular service. Mr. K. Nath, learned counsel appearing for the petitioners has submitted that all the petitioners have the eligibility to be considered for promotion to the post of Junior Research Assistant in the Pay Band 2: scale of pay Rs.6310-24000/- with grade pay of Rs.2100/- as would be subject to the revision from time to time. The petitioners being apprehensive by the notification dated 14.12.2015 [Annexure-5 to the writ petition] whereby the Chief Engineer, PWD (DWS), Government of Tripura has invited the eligible candidates to participate in the walkin-interview for recruitment to the post of Junior Research Assistant, Group-C (Technical) on the fixed pay basis have filed these writ petitions. The elaborate reference is avoided because the petitioners have no intention to take part in the said interview. The anxiety of the petitioners is confined to (i) that they are quite in dark whether before such exercise the post for promotion would be segregated and (ii) if the direct recruitment takes place, whether their seniority would be protected from jeopardy

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Moumita

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Page 2 of 4

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W.P.(C) No.1017 of 2017 W.P.(C) No.1043 of 2017 W.P.(C) No.1044 of 2017

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Noting by Officer or Serial Date Office notes, reports, orders or Advocate No Proceedings with signature

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on ignoring that they have been serving the department for more than 10 years.

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Mr. S. Chakraborty, learned Addl. G.A. appearing for the respondents has categorically submitted that such appreciation does not have any foundation inasmuch as the vacancies notified by the respondents for direct recruitment is well within 85% of the total cadre strength and in the process the 15% of the post in the grade of Junior Research Assistant has been kept apart to be filled up by the process of promotion. The respondents cannot take up the exercise for promotion right now, as by dint of an interim order, the apex court has stalled promotions inasmuch as the case pending before the apex court relates to the reservation in the posts.

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Mr. S. Chakraborty, learned Addl. G.A. has further submitted that the petitioner should not have any apprehension in respect of their seniority inasmuch as the norms to maintain seniority of the direct recruits and promoted is clearly stipulated as follows: “The relative seniority of direct recruits promoties shall be maintained according to the rotation of vacancies between available direct recruits and the promoties which shall be based on quota of vacancies reserved for the direct recruitment and promotion respectively in the recruitment rules.” Hence the seniority of the petitioner will not be hampered if the process of direct recruitment is made earlier then the departmental promotion exercise.

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Moumita

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Page 3 of 4

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W.P.(C) No.1017 of 2017 W.P.(C) No.1043 of 2017 W.P.(C) No.1044 of 2017

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Noting by Officer or Serial Date Office notes, reports, orders or Advocate No Proceedings with signature

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Mr. Chakraborty, learned Addl. G.A. has assured the court the department shall take up the process for promotion the moment the apex court would allow such exercise to take place.

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Having regard to the submissions made by the learned counsel appearing for the parties this court is of the view that nothing survives to be decided in this writ petition. Despite that, this writ petition is disposed of with the following direction:

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The respondents shall prepare a roster for rotating the vacancies to be filled up by direct recruitment and promotion else there might arise a complex situation when there would be a controversy relating to the seniority. As and when the apex court would vacate or decide the case pending before it, the respondents shall take up the promotion exercise for filling up of all the vacancies of the Junior Research Assistant in the promotion quota. There shall be no order as to costs. The file containing the written instruction is returned to Mr. Chakraborty, learned Addl. G.A. appearing for the respondents.

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JUDGE

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Moumita

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Page 4 of 4

Anil Ch. Nandi v. the State of Tripura and Anr.

Case brief

What is this about?

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Anil Ch. Nandi v. the State of Tripura and Anr.

Case brief

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