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GAUHATI HIGH COURT
N.Surjamani Singh, J.
Prafulla Chandra Das -Appellant
Versus
State of Tripura -Respondent
Civil Rule No. 202 of 1994
Decided On : 07-03-1996
WRIT PETITION - PRISONS DIRECTORATE - CANCELLATION OF DEPARTMENTAL EXAMINATION RESULT - NATURAL JUSTICE - APPOINTMENT ON PROMOTION - MANDAMUS - WRIT PARTLY ALLOWED.
Fact of the Case:
Petitioners, Warders and Head Warders under the Directorate of Prisons, Tripura, challenged the impugned Memorandum cancelling the earlier result of the departmental examination for promotion to the posts of Chief Head Warders and Head Warders. They argued that the cancellation violated the principles of natural justice and sought a writ of mandamus for their appointment on promotion based on the result.
Finding of the Court:
The Court held that the impugned Memorandum was violative of the principles of natural justice as the petitioners were not given any notice or reasonable opportunity of being heard before its issuance. However, the Court noted that it could not compel the respondents to appoint the petitioners on promotion based on the select list.
Issues: 1. Whether the cancellation of the departmental examination result violated the principles of natural justice? 2. Whether the petitioners could be appointed on promotion based on the select list through a writ of mandamus?
Ratio Decidendi: 1. The Court relied on the principles of natural justice, emphasizing the right to be heard before a decision is made that adversely affects an individual. It held that the petitioners should have been given a notice and an opportunity to be heard before the impugned Memorandum was issued. 2. The Court referred to precedents holding that persons selected by a Public Service Commission have no right to be appointed and that a writ of mandamus cannot be issued to compel such appointments. It also noted that the life of the select list was generally for one year and could be extended by a specific order, which was not done in this case.
Final Decision: The Court quashed the impugned Memorandum but declined to issue a writ of mandamus for the petitioners' appointment on promotion. It expressed hope that the respondents would consider the petitioners and similarly situated candidates for promotion based on the select list within two months from the date of the judgment.
2. The case of the petitioners is that they have been appointed as Warders and Head Warders under the Directorate of Prisons, Government of Tripura and they have been discharging their duties in different jails in Tripura. Their next post for promotion from the post of Head Warders and Warders are to the posts of Chief Head Warder and Head Warder. As per Memorandum No.F.II-586/ IGP/81/286-95 dated 17.1.1990 issued by the Inspector General of Prison, Tripura a departmental examination for promotion to the posts of Chief Head Warder and Head Warder would be held on 19th and 20th February, 1990 at Agartala Central Jail, as seen in the Annexure I to the writ petition. In the said memorandum dated 17.1.990 it has been stated that as per Recruitment Rules for the post of Chief Head Warder, all Head Warders and such Warders who have completed 5 years of service on the 1st day of January, 1990 are eligible for appearing in the said departmental examination. The petitioners along with others appeared in the said examination. The result of the said examination was declared on 17.4.1990 under office Memorandum No.F.II-586/IGP/81/3151 issued by the Joint Secretary cum Inspector General of Prison, Government of Tripura, Agartala. The said Inspector General of Prison, Tripura, Agartala is the appointing authority. In the said memorandum of 17.4.1990, it is stated that all those Warders and Head Warders who have got 50% marks are declared to have passed the departmental examination and, as such, they would not require to appear in future at the departmental examination for the purpose of promotion, but it is clarified therein that, for promotion in future, ACRs and service records ' will be taken into account. The petitioner Nos. 1 to 4 whose names appear in the said list of successful persons at SI No.41,54 and 17 in the column of 'Warders' and SI No. 15 in the column of 'Head Warders'. The respondent No.2, Joint Secretary to the Government of Tripura issued a Memorandum dated 6.4.1994 i.e. the impugned order, cancelling the earlier order dated 17.04.1990 as Annexure 1 to the writ petition, by deciding that the result of the departmental examination held in March, 1990 of the Warders and Head Warders for promotion to the post of Head Warders and Chief Head Warders shall have no effect for the purpose of the aforesaid promotion and for such promotion, a fresh departmental examination will be held as and when required. Being aggrieved by the said memorandum dated 6th April, 1994, the petitioners have filed this writ petition.
3. Mr. A. Lodh, learned counsel for the petitioners submits that the impugned memorandum/order dated 6.4.1994 was passed/issued in complete violation of the principle .of natural justice. He further submits that no reason has been assigned in the impugned order for recalling or cancelling the earlier memorandum dated 17.4.1990. Mr. Lodh, submits that a discrimination has been meted out by the respondents towards the petitioners in the matter of < appointment on promotion to the post of Head Warders and Chief Head Warders inasmuch as 27 persons whose names appeared in the select list, and similarly situated with the petitioners have been given appointment or promotion on the basis of the said result/select list as in Annexure 2 to the writ petition. Shri Lodh, further contended that in the year 1993 one Shri Ananda Sharma Warder of Central Jail, Agart
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