2025 Supreme(Online)(Tri) 219
HIGH COURT OF TRIPURA
Subrata Dey – Appellant
Versus
The State of Tripura and 5 others – Respondent
WP(C) 46 / 2024
HIGH COURT OF TRIPURA AGARTALA WP(C) 46 OF 2024 Subrata Dey, son of Swapan Kumar Dey, Resident of Melaghar, behind Ram Thakur Ashram, Tripura, Pin 799115. (Age-44 years)
……Petitioner Vrs.
1. The State of Tripura, (to be represented by) the Secretary, Department of Labour, Government of Tripura, New Secretariat Building, New Capital Complex, Kunjaban, P. S. New Capital Complex, Agartala, West Tripura, Pin 799010.
2. The Secretary, Department of Labour, Government of Tripura, New Secretariat Building, New Capital Complex, Kunjaban, P. S. New Capital Complex, Agartala,West Tripura, Pin 799010.
3. The Director of Employment Services & Manpower Planning, Tripura, Directorate of Employment Services & Manpower Planning, Agartala, West Tripura, Pin 799001.
4. The Chairman, Joint Recruitment Board, Tripura, Shram Bhavan, Office Lane, Agartala, West Tripura, Pin 799001.
5. The Member Secretary, Joint Recruitment Board, Tripura, Shram Bhavan, Office Lane, Agartala, West Tripura, Pin 799001.
6. The Controller, Joint Recruitment Board, Tripura, Shram Bhavan, Office Lane, Agartala, West Tripura, Pin 799001 .…. Respondents For the petitioner (s) : Ms. S. Deb (Gupta), Advocate.
For the respondent (s) : Mr. S.M.Chakraborty, Advocate General Mr. D. Sarma, Addl. G.A.
Dates of hearing and : 25.02.2025 & 27.02.2025 dates of delivery of judgment and order Whether fit for : Yes reporting HON’BLE MR.JUSTICE ARINDAM LODH Judgment & Order(Oral)
25.02.2025 By means of filing the instant writ petition, the petitioner has prayed for following reliefs:
“(i) Issue Rule, calling upon the Respondents to show cause as to why in the nature of mandamus and/or Order/direction shall not be issued whereby directing the Respondents to recommend the name of the Petitioner against the post of Junior Operator (Pump)/Junior Multi- Tasking Operator (Uncommon), in c/w Advt. No.01/2020 and Notification, dated 12.02.2021, for the posts of Group-C, [Lower Division Clerk (LDC), Agriculture Assistant (Except TAFS Grade-III), Agriculture Assistant (TAFS Grade-III), Junior Operator (Pump) & Junior Multi-
Tasking Operator (Uncommon)].
(ii) Issue Rule, upon the Respondents to show cause as to why Writ in the nature of mandamus and/or Order/direction shall not be issued whereby directing the Respondents to re-publish the Merit List, dated 13.09.2023, after including the name of the petitioner therein.
(iii) Issue Rule upon the Respondents to show cause as to why Writ in the nature of mandamus and/or Order/direction shall not be issued whereby quashing & cancelling the Letter, dated 12.01.2024, issued by the Chairman, JRBT.
(iv) Make the Rules absolute.
(v) Pass any further order/orders as this Hon’ble High Court considered fit and proper.”
2. The short facts are that the respondents floated an advertisement on 01.06.2017 [Annexure-13 to the writ petition] for filling up various posts. One of the posts was Junior Fitter, under Post Code 6. But, the said advertisement was cancelled. Thereafter, the respondents issued advertisement no. 01/2020 again on 27.11.2020 [Annexure-1 to the writ petition] for filling up the posts of Lower Division Clerk (Group-C), Non-Gazetted. Total 1500 posts were shown to the said advertisement. The State-respondents had issued another notification dated 12th February, 2021 [Annexure-2 to the writ petition] as a matter of “Revision” of advertisement no. 01/2020, dated 27.11.2020, including corrigendum and addendum related to the recruitment of 1500 Lower Division Clerk (Group-C) posts by Joint Recruitment Board (JRBT), Tripura. In the said notification dated 12.02.2021 some posts were clubbed together and referred to as ‘Junior Multi Tasking Operater’. For convenience, it may be reproduced in a chart from the said notification.
VACANCY DETAILS
No. of the post(s) Group-C, (Non-Gazetted)
Number of vacancies
Reservation status
1. Lower Division Clerk
1500
R eservation of posts is as per the reservation roster maintained by the concerned departments and