The main legal point established in the judgment is the importance of following proper procedures and rules in appointments and promotions, as well as the principle of seniority based on uninterrupted service and regularized ad-hoc service.

JUDGMENT

Both these appeals are being disposed of by a common judgment since they arise out of one writ petition and one judgment. The learned Single Judge vide the impugned judgment allowed the writ petition filed by Sri Babul Chakraborty (hereinafter referred to as the writ petitioner) and quashed the seniority list dated 26-09-2008 (Annexure-32 to the writ petition) and directed the respondents, i.e. the State of Tripura and the Department of Science, Technology and Environment (hereinafter referred to as DSTE) to prepare a fresh final seniority list showing the petitioner senior to respondent No. 5, Sri Pranay Saha (hereinafter referred to as the private respondent).

The judgment has been challenged both by the private respondent as well as by the State of Tripura.

Briefly stated, the facts of the case are that both the writ petitioner and the private respondent were selected for appointment as Jr. Engineers in the Power Department of the State of Tripura in a duly constituted selection conducted by the Tripura Public Service Commission (TPSC).

2. The writ petitioner was appointed as Jr. Engineer on 03-02-1984 in the Power Department. On 20-10-1987, the petitioner was transferred to the Office of Senior Scientific Officer, Non-Conventional Energy Cell, under the DSTE, Govt. of Tripura. The order was passed by the Chief Engineer (Electrical), Tripura, Agartala. The petitioner joined in the said office on 26-11-1987. The petitioner was designated as Assistant Engineer (Electrical) w.e.f. 01-01-1986 vide Order dated 21-06-1989. He continued to work in the Office of the Senior Scientific Officer, DSTE. On 14-03-1990, the petitioner was posted as Environment Officer in the said department and on 05-07-1991, he was posted as Scientific Officer in the said department. Thereafter, on 22-02-1999 the petitioner was appointed as Engineer (Electronics) on ad-hoc basis from the date of joining of this post. On 01-11-2002, 15 years after the petitioner had been transferred to the DSTE, a corrigendum was issued that his appointment as Engineer (Electronics) on ad-hoc basis be read as appointment to the said post on deputation w.e.f. 22-02-1999. On 15-06-2005, the Governor of Tripura, in consultation with the TPSC, was pleased to appoint the petitioner as Engineer (Electronics) with retrospective effect from 10-04-2002 in the DSTE on regular basis.

3. On the other hand, the private respondent was appointed as Jr. Engineer (Mechanical) in the Department of Power on 27-01-1984, i.e. one week prior to the petitioner. On 30-01-1984, an order was passed whereby the private respondent was released from the Electrical Division of the Power Department and directed to report in the office of the Senior Scientific Officer, Non-Conventional Energy Cell. In compliance to the said order, the private respondent joined the said office of the Senior Scientific Officer. On 05-09-1986, the Senior Scientific Officer issued a memorandum, copy of which was sent to the private respondent, wherein it was stated that some newly created posts in the DSTE are to be filled up on absorption of the existing staff who are working on deputation from the Public Works Department (PWD). The incumbents who were willing to join the department on absorption were asked to submit their declaration in this regard. The private respondent submitted his declaration praying that he be absorbed in the DSTE, provided the benefits of his service in the parent department were also extended. On 12-11-1986, an order was passed in which it was stated that the private respondent who was on deputation from the PWD stood absorbed in the DSTE. On 29-04-1987, the post of Jr. Engineer in the DSTE was redesignated as Project Officer. The private respondent was redesignated as Project Officer on the same date. On 13-08-1997, an order was passed in compliance with Civil Rule No. 42 of 1995 passed by the Gauhati High Court whereby the respondent was treated to be on deputation till 0