For vs For
2021 Latest Caselaw 775 Tri

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                        HIGH COURT OF TRIPURA
                              AGARTALA
                              W.A. No.212/2021

For Appellant(s)                 : Mr. A. Pal, Advocate.
For Respondent(s)                : Mr. Mangal Debbarma, Addl. G.A.,

Mr. Raju Datta, Advocate.

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY

Order 17/08/2021 (Akil Kureshi, C.J.)

Appellant original petitioner has challenged the judgment of the

learned Single Judge rejecting his prayer for grant of seniority to him over

respondent No.4. According to the petitioner, he as well as respondent No.4

were selected pursuant to the same selection process in which he had been

assigned first rank and the respondent No.4 second rank. In a combined

seniority list the petitioner is shown below the respondent No.4 on the basis

of date of joining. Learned counsel for the petitioner submitted that it is

settled through series of judgments of the Supreme Court that a fortuitous

circumstance such as, date of joining by a selected candidate cannot decide

the seniority position and for all persons selected through the same selection

process the seniority should be assigned according to their internal merits.

Notice for final disposal, returnable on 31.08.2021.

Learned Addl. Government Advocate Mr. Mangal Debbarma

waived notice on behalf of respondents No.1 and 2. Learned counsel Mr. Raju

Datta waived notice on behalf of respondent No.3. Direct service for

respondent No.4 permitted.

(S.G. CHATTOPADHYAY), J (AKIL KURESHI), CJ

Pulak