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2013 Supreme(Tri) 17
IN THE HIGH COURT OF TRIPURA
S.C. Das, J.
Monglagya Mog - Appellant
Versus
State of Tripura and Ors. - Respondent
W.P. (C.) No. 351 of 2009Decided On : 19-07-2013
For the Appellant : Mr. Somik Deb
For the Respondents:Mr. K.N. Bhattacharjee, Sr. Advocate, Mr. S. Acharjee, Mr. S. Pandit, Mr. P. Sana, Mr. Khohinoor N. Bhattacharjee & Mrs. A.S. Lodh, Addl. G.A.
The determination of seniority based on the position in the merit list and the validity of the executive order dated 12.07.1960.
Headnote:
Seniority - Inspector of Motor Vehicles - Office Order dated 12.07.1960 - The court discussed the validity of the final seniority list of the Inspector of Motor Vehicles and the determination of seniority based on the merit list and date of joining. The court upheld the seniority list based on the position in the merit list and the executive order issued by the State Government.
Fact of the Case:
The petitioner challenged the final seniority list of the Inspector of Motor Vehicles, claiming that he should be placed above respondent No. 4 due to joining the post before him.
Finding of the Court:
The court found that the petitioner's name did not figure in the merit list and that the seniority should be determined on the basis of the position in the merit list, not the date of joining.
Issues: The issues revolved around the petitioner's claim for seniority over respondent No. 4 based on the date of joining and the merit list.
Ratio Decidendi: The court relied on the executive order dated 12.07.1960, which prescribed the general principles for determining seniority, and held that the position in the merit list prevails over the date of joining.
Final Decision: The writ petition was dismissed, upholding the final seniority list based on the position in the merit list and the executive order.
JUDGMENT
S.C. Das, J.1. In this writ petition, the petitioner, above named, challenged the final seniority list of the Inspector of Motor Vehicles published under Memo. No. F.1(7)-Trsns/2005 dated 28.04.2009 (Annexure-P.4 to the writ petition), wherein his name has been shown at Sl. No. 2, whereas, the name of respondent No. 4 has been shown at Sl. No. 1 and, therefore, prayed for setting aside and/or quashing the said seniority list and also prayed for directing the official respondents to publish the draft seniority list dated 09.09.2008 (Annexure-P3 to the writ petition) as the ultimate final seniority list, with other incidental relief(s). Heard learned counsel, Mr. Somik Deb for the petitioner and learned Addl. G.A., Mrs. A.S. Lodh for respondent Nos. 1, 2 and 3 and learned senior counsel, Mr. K.N. Bhattacharjee for respondent No. 4.
2. The petitioner, inter alia, contended that in the year 1993, Tripura Public Service Commission (for short, TPSC) made an advertisement inviting applications for recommending names of candidates for filling up of the vacant posts of Motor Vehicles Inspector (for short, MVI) and the petitioner, being a diploma holder in Mechanical Engineering applied for the post and the TPSC in due course after interview recommended a list of candidates for filling up of the vacant posts and the petitioner's name was placed in the waiting list. From the select list, Asim Saha, Promode Lal Seal, Dibakar Das and Bijoy Deb Barma were given offer of appointment but Promode Lal Seal did not join the post and, as a result the post remained unfilled.
2.1. The petitioner, being a candidate of waitlist was given offer of appointment on 28.08.1993 and he joined the post of MVI on 18.10.1993. Subsequently; respondent No. 4 was also given offer of appointment to the post of MVI and he joined the post on 20.01.1994.
2.2. A draft seniority list of the MVIs was published on 09.09.2008(Annexure-P.3), wherein the name of the petitioner was placed at Sl. No. 1 and the name of respondent No. 4 was placed at Sl. No. 2, reflecting their date of birth and date of appointment in the service. By the said memorandum, dated 09.09.2008, all the incumbent MVIs were invited to verify and confirm about the correctness of their date of birth, date of entry in service, etc. shown in the draft seniority list.
2.3. When the final seniority list was published and communicated vide Memo. dated 28.04.2009 (Annexure-P4), the petitioner was surprised to see the name of respondent No. 4 at serial No. 1 whereas his name was at Sl. No. 2 of the list.
2.4. The petitioner made a representation(Annexure-5 to the writ petition) to the Commissioner & Secretary, Government of Tripura, Transport Department ventilating his grievance that he joined in the service before respondent No. 4 and so the final seniority list was wrong and, therefore prayed for placing him on the top of the list i.e. above respondent No. 4.
2.5. He received no response from the Commissioner & Secretary, Transport Department but later on he received a copy of a letter dated 08.05.2009, written by the Deputy Transport Commissioner addressed to the Joint Secretary, Transport Department, wherein it was mentioned by the Deputy Transport Commissioner that the claim of the petitioner was genuine. But even thereafter the respondents did not correct the entries in the seniority list and, hence this writ petition.
3. Respondent Nos. 1, 2 and 3 filed a joint written statement, inter alia, stating that on the requisition made by the Transport Department for filling up of five vacant posts of MVIs (3 UR category, 1 SC category and 1 ST category), the TPSC recommended a list of five candidates on the basis of merit, namely Asim Sana, Promode Lal Seal, Narayan Chandra Sana of UR category, Dibakar Das of SC category and Bijoy Deb Barma of ST category and offer of appointment was given to first two candidates of UR category, i.e. Asim Saha and Promode Lal Seal, and one candidate of SC category, i.e. Dibaka
