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APARESH KUMAR SINGH
Usha Ranjan Debbarma S/o Shri Ramendra Debbarma – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. promotion claims and qualifications. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments regarding promotions. (Para 8 , 10 , 11) |
| 3. court's findings on petitioner's claims. (Para 12 , 13 , 14) |
| 4. direction for restoration of seniority. (Para 15) |
| 5. conclusion and disposal of writ petition. (Para 17 , 18) |
JUDGMENT :
APARESH KUMAR SINGH, CJ.
1. Heard Mr. B.N. Majumder, learned senior counsel assisted by Mr. Sajit Chandra Sen and Mr. B. Paul, learned counsel appearing for the petitioner and Mr. Debalay Bhattacharya, learned Government Advocate appearing for the respondents-State and Mr. P. Roy Barman, learned senior counsel assisted by Mr. D. Paul, learned counsel appearing for the private respondent No. 4.
2. Writ petition was filed with a prayer to command the respondents to issue promotion order in favour of the petitioner to the post of Supervisor (Panchayat)/Auditor w.e.f. 06.01.2017. Petitioner also prayed for consequential benefits including arrears from the date his juniors have been promoted to the post of Supervisor (Panchayat)/Auditor, i.e. 06.01.2017. Petitioner also asked for restoration of his seniority over private respondents No. 3 to 8.
3. In short, the case of the p
Promotions without finalized seniority lists violate service rules.
The main legal point established in the judgment is that promotion decisions should be based on merit with due regard to seniority, as per the Orissa High Court (Conditions of Service of Staff) Rules....
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