A.C. Upadhyay, J.

1. Heard Mr. C.S. Sinha, learned Counsel appearing for the Petitioner, and Mr. S. Chakraborty, learned Addl. Govt. Advocate, representing the State Respondent.

2. By filing this writ petition, the Petitioner has challenged the office Order dated 26.03.2001 (Annexure-8 to the writ petition), issued by the Engineer-in-Chief, PWD, Government of Tripura (Respondent No. 2 herein), by which the order of promotion, from the post of UDC to Head Clerk in the Scheduled Tribe category, dated 27.02.2001(Annexure-4 to the writ petition), issued in respect of the Petitioner, was cancelled on the ground that the Petitioner does not belong to Schedule Tribe Community as per the Scheduled Castes & Scheduled Tribes Orders (Amended) Act, 1976 (hereinafter referred in short, as the 1976 Act), read with the comments on paras 11 to 14 of Civil Rule No. 380/96.

3. The pleaded case of the Petitioner is that the Petitioner was initially appointed in the Public Works Department, Government of Tripura, on 07.02.1981 as Lower Division Clerk (LDC) in the category of Scheduled Tribe (ST) 'Mog' vide office order No. F.6(94)-PWD(E)/80 dated 28.01.1981. Thereafter, the Petitioner got promotion to the post of Upper Division Clerk (UDC) on 09.04.1987 as Scheduled Tribe candidate, vide office order No. F.6(93)-PWD(E-1)/80 dated 02.04.1987, and thereafter, again he got promotion to the post of Head Clerk vide Notification No. 6(85)-PWD(E)/80(P-IV) dated 27.02.2001 as Scheduled Tribe candidate. On being appointed as Head Clerk, he was discharging his duties as usually. However, on the ground of family affairs, he had to avail on leave for seventeen days, and thereafter, he made prayer for extension of his leave, on the ground of his wife's serious illness. During his period of leave, the impugned office Order dated 26.03.2001, was issued by the Respondent authority, whereby his promotion to the post of Head Clerk was cancelled by stating that 'Barua Community' does not belong to Scheduled Caste Community as per the 1976 Act. The relevant extract of the order dated 26.03.2001 issued by the concerned Department reads as follows:

No.F.6(85)-PWD(E)/80(P-Iv)

Government of Tripura

Public Works Department

Dated, Agartala, the 26th March, 2001

OFFICE ORDER

Order of promotion in respect of Shri Premtosh Barua, U.D. Clerk attached to Southern Division No. I, Udaipur to the post of Head clerk as made under sl. No. 12 of this office order No. F.6(85)-PWD(E)/80(P-IV) dated 27.2.2001 in the S.T. quota is hereby cancelled on the ground that the "Barua Community" is not belonged to ST Community as per the Scheduled castes and scheduled tribes orders(Amended) Act, 1976, read with the comments on paras 11 to 14 of civil rule No. 380/96.

In the interest of public service, Shri Premtosh Barua, U.D. Clerk may continue to remain posted in the existing place of posting against vacancy until further order.

Sd/- illegible

(S. NAG)

Engineer-in-Chief, PWD

Agartala, Tripura

4. Learned Counsel for the Petitioner has submitted that the Petitioner was issued with a Scheduled Tribes certificate by the Sub-Divisional Officer, Sonamura, West Tripura, certifying him to be a member of Scheduled Tribe Community, belonging to 'Mog Community', which is the recognized Scheduled Tribes community in the State of Tripura.

5. As a matter of fact, it is not disputed by the State Respondents that 'Mog Community' is a Scheduled Tribes community, recognized in the State of Tripura in terms of the 1976 Act.

6. Learned Counsel for the Petitioner further pointed out that in Civil Rule 61 of 1998, a Single Bench of this Court, while disposing of the writ petition filed by the sister of the Petitioner, claiming herself to be a member of the Scheduled Tribes Community (Mog), directed the Respondent Department to appoint the sister of the Petitioner in the S.T. quota, in terms of the certificate issued by the Sub-Divisional Officer, Sonamura. The operative part of the order dated 10.08.2000, passed by this Co