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2012 Supreme(Gau) 831

GAUHATI HIGH COURT
I.A.Ansari,C.R.Sarma, JJ.
State of Tripura and Ors. -Appellant
Versus
Narayan Ch. Das and Ors. -Resopndent
WA No.03 of 2006
Decided On : 18-07-2012

Advocates Appeared:
Mr. S. Chakraborty for the appellants.
Mr. Somik Deb for the respondents.

Headnote:

Recruitment Rules – Consequential – Petitioner for Promotion – Writ petitioner became eligible for promotion to post of UDC fell vacant in Directorate of Panchayat, Government Tripura on which the vacancy so arose, the writ petitioner was the senior-most Scheduled Caste candidate/eligible for promotion to post of UDC, and Ordinary course would have been promoted, as a member of Scheduled Caste community vacant post of UDC against Point No. 4 of 100 Point Roster of Reservation maintained by establishment concerned; but, due to fact that one a member of Scheduled Caste community, was senior to writ petitioner writ petitioners case was not considered for promotion – Held, Learned Single Judge, as the senior most LDC amongst the Scheduled Caste candidates and he ought to have, therefore, been considered for promotion against roster point ought not to have remained promoted to the post of UDC, against roster point, when caste certificate of Smt. Uma Choudhury was cancelled present appellants, ought to have taken corrective steps of considering case of petitioner-respondent against roster point No. 4 by removing roster petitioner-respondent to roster point No. 4. As this had not been done and the petitioner-respondent No. 1 was illegally denied consideration of promotion to the post of UDC with reference date on which vacancy in post of UDC meant for Scheduled Caste had arisen – Appeal dismissed.

I A. Ansari, J.—

1. The directions given by the judgment and order, dated 11.11.2005 in Civil Rule No. 385 of 1995, are under challenge in the present appeal.

2. The material facts, giving rise to the main issues, were not in dispute in the writ petition and it is mainly the directions, passed by the learned Single Judge of this court, while disposing of the writ petition, which form the subject-matter of challenge in this appeal. We, therefore, reproduce hereinbelow the directions, which were given by the learned Single Judge in the writ petition :

"10. In the result, this writ petition is disposed of with the following directions :

(i) The respondents, particularly, the respondent No. 3 shall promote the petitioner to the post of UDC against roster point No. 4 reserved for Scheduled Caste with effect from 18.5.1987 with nil consequential benefit's except actual monetary benefit.

(ii) The Scheduled Tribe incumbent who filled up the said post by exchange method shall be pushed back to roster-point No. 9 for accommodating the petitioner at roster point No. 4 as indicated above.

(iii) The respondent No. 3 shall thereafter consider the case of the petitioner for promotion to the post of Head Clerk with effect from 7.3.1988 against size post reserved for Scheduled Caste at roster point No. 4 or with effect from the date he completed 5 years of service counting from 18.6.1987 against roster point No. 9.

(iv) Such promotion shall be made with all consequential benefit except actual monetary benefits.

(v) Any dislocation in the service of other incumbent(s) resulting from such exercise may be resolved by creating supernumerary post(s), if necessary.

(vi) The entire exercise shall be completed by the respondents within a period of three months from the date of receipt of this judgment.

The parties are directed to bear their own costs."

3. The respondent No. 1 herein, who was the petitioner in the writ petition, being a member of the Scheduled Caste, received appointment as Lower Division Clerk ('LDC') in the Directorate of Panchayat, Government of Tripura, on 6.7.1979, and joined the post, on 16.7.1979, accordingly. In terms of the relevant Recruitment Rules, LDC forms the feeder cadre for the promotional post of Upper Division Clerk CUDC'), the minimum qualifying service for promotion to the post of UDC being five years in the Grade of LDC and the post is a non-selection post. The writ petitioner became eligible for promotion to the post of UDC on 16.7.1984. Apost of UDC fell vacant in the Directorate of Panchayat, Government Tripura, on 18.5.1987. On the date, on which the vacancy so arose, the writ petitioner was the senior-most Scheduled Caste candidate/eligible for promotion to the post of UDC, and, in the ordinary course, he would have been promoted, as a member of the Scheduled Caste community, to the vacant post of UDC against Point No. 4 of the 100 Point Roster of Reservation maintained by the establishment concerned; but, due to the fact that one Smt. Uma Choudhury, LDC, a member of the Scheduled Caste community, was senior to the writ petitioner/the writ petitioner's case was not considered for promotion. The Departmental Promotional Committee ('DPC'), which held its meeting, on 19.7.1990, took into consideration the proceedings of DPC meetings held earlier on 18.5.1987 and 26.11.1987. What stood recorded in the DPC meetings was that there was one vacant post of UDC reserved for Scheduled Caste candidate against point No. 4 of the 100 point roster, but, Smt. Uma Choudhury's case for promotion could not be recommended, because a challenge to her status, as a member of the Scheduled Caste, was pending for determination.

4. Situated, thus, it was recommended by the DPC (as the proceedings, dated 19.7.1990, of the DPC reveals) that the case for promotion of Smt. Uma Choudhury should be kept in abeyance till the enquiry, which was pending, was completed and a final decision in that regard was arrived at. The proceedings, dated 19.7.1990, of













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