The central legal point established in the judgment is the significance of adhering to the prescribed conditions for promotion as per the Recruitment Rules or the Service Rules, and the distinction between promotion and induction.

JUDGMENT

By means of this petition, the petitioner who was serving as the Panchayat Extension Officer w.e.f. 23.09.1995 by way of promotion, has challenged the Notification dated 02.02.2005, Annexure-4 to the writ petition, and prayed for mandating the respondents to consider his promotion to the post of Tripura Civil Service Grade-II (for short, ’TCS Grade-II’), ahead of respondents No. 4 to 14, by granting him full reliefs from 02.02.2005.

2. The petitioner, at the outset has stated that even though he has been promoted to the post of Panchayat Extension Officer on 23.09.1995, but in the seniority list his entry in the post of Panchayat Extension Officer has been shown as 09.04.1997. The petitioner has also pointed out that the ACRs were not really considered by the DPC. According to the petitioner, he is senior to the respondents No. 4 to 14 who have been promoted to the TCS Grade-II by the said notification, pursuant to the recommendation made by the DPC. Thus, the petitioner has contended that even though he was in the zone of consideration, his case was not considered for promotion to the post of TCS Grade-II, without assigning any reason.

3. Mr. A.K. Bhowmik, learned senior counsel appearing for the petitioner has submitted that from the counter-affidavit filed by the official respondents, it appears that since the petitioner did not get the minimum benchmark, which according to the official respondents is ’Very Good’, his case was not considered by the Selection Committee. It further appears that there might be another bottleneck, as the names of the persons who attained the age of 53 on 01.01.2003 were asked not to be sent for consideration. It has been also revealed from the counter-affidavit that, on 16.12.2005, considering the overall grading of the officers in the zone of consideration, the Selection Committee, had made a consolidated select list in order of merit with due regard to the seniority. Mr. Bhowmik, learned senior counsel has further submitted that according to the revised procedure dated 10.06.2004, Annexure-R/3 to the counter-affidavit, the benchmark for promotion to the post of TCS Grade-II would be ’Good’, in terms of clause (2)(a).

4. Mr. T.D. Majumder, learned Govt. Advocate appearing for the official respondents has submitted that the petitioner would be considered under clause (2)(b) of the said revised procedure, dated 10.06.2004. Apart that, Mr. Majumder, learned Govt. Advocate has submitted that so far the question of incorrect entry in the seniority list in the grade of Panchayat Extension Officer, the petitioner has to approach the competent authority. But, without approaching the competent authority, the petitioner cannot come before this court straightway, seeking the writ of certiorari. For purpose of appreciation, Rule 5 of the Tripura Civil Service Rules, 1967 (for short, TCS Rules, 1967), as amended from time to time, is extracted hereunder:

5. Method of Recruitment:

(1) Appointment to the service shall be made by the following methods, namely:

(a) Not more than 50 percent of the substantive vacancies which occur from time to time in the authorized permanent strength of the Service shall be filled by direct recruitment in the manner specified in part IV of these rules, and;

(b) The remaining such substantive vacancies shall be filled by selection in the manner specified in Part-V of these Rules from amongst the officers specified in Schedule-IV to these Rules.

Provided that 75% of the vacancies mentioned in sub-rule (b) above shall be filled by officers holding Group-A posts of Schedule-IV and the remaining 25% of the vacancies shall be filled by officers holding Group-B posts of Schedule-IV.

5. From the above Rule 5 of the Tripura Civil Service Rules, 1967 (for short, ’TCS Rules, 1967’), it reveals that not more than 50% of the substantive vacancies which occur from time to time in the authorized permanent strength of the service shall be filled up by direct recruitment in t