Tripura High Court
Shri Kamini Das And Anr vs The State Of Tripura on 1 March, 2021
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HIGH COURT OF TRIPURA
AGARTALA
W.A No.38/2018
1. Shri Kamini Das and Anr
S/o Late Krishna Chandra Das, Resident of Ranir Gaon, PO.
Majlishpur, District- West Tripura
2.Subhas Debbarma
S/o Late Nabahari Debbarma, Resident of Uttar Tulamura, PO-
Jitendranagar, PS-Kakraban, District- Gomati
............... Appellant(s).
Vrs.
1. The State of Tripura
Represented by the Secretary to the Government of Tripura, GA
(Printing and Stationary), Department, New Civil Secretariat
Complex, PO- Kunjaban, PS- East Agartala, District- West
Tripura
2.The Director
GA(Printing and Stationary) Department, ,Tripura Government
Press, Bordwali, PO- Agartala, PS- West Agartala, District-
West Tripura
3.Shri Haripada Dey
Machineman, Tripura Government Press, Bordwali, PO-
Agartala, PS-West Agartala, District- West Tripura
4.Amit Deb Barma
Machineman, Tripura Government Press, Bordwali, PO-
Agartala, PS-West Agartala, District- West Tripura
5.Shri Bishnupada Das
Machineman, Tripura Government Press, Bordwali, PO-
Agartala, PS-West Agartala, District- West Tripura
6.Shri Kishore Kumar Datta Roy
Machineman, Tripura Government Press, Bordwali, PO-
Agartala, PS-West Agartala, District- West Tripura
7.Shri Kalidas Deb
Machineman, Tripura Government Press, Bordwali, PO-
Agartala, PS-West Agartala, District- West Tripura
8.Shri Ashim Kumar Debnath
Machineman, Tripura Government Press, Bordwali, PO-
Agartala, PS-West Agartala, District- West Tripura
9.Shri Narayan Chandra Acharjee
Machineman, Tripura Government Press, Bordwali, PO-
Agartala, PS-West Agartala, District- West Tripura
10.Shri Nalini Deb Nath
Machineman, Tripura Government Press, Bordwali, PO-
Agartala, PS-West Agartala, District- West Tripura
11.Shri Monoranjan Banik
Machineman, Tripura Government Press, Bordwali, PO-
Agartala, PS-West Agartala, District- West Tripura
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12.Shri Sukhen Das
Machineman, Tripura Government Press, Bordwali, PO-
Agartala, PS-West Agartala, District- West Tripura
13.Sri Subal Chandra Sarkar
Jr. Inkman, Tripura Government Press, Bordwali, PO- Agartala,
PS-West Agartala, District- West Tripura
14.Shri Pradip Kumar Dey
Jr. Inkman, Tripura Government Press, Bordwali, PO- Agartala,
PS-West Agartala, District- West Tripura
15.Sri Bhanuram Debnath
Jr. Inkman, Tripura Government Press, Bordwali, PO- Agartala,
PS-West Agartala, District- West Tripura
16.Sri Swapan Lal Banik
Jr. Inkman, Tripura Government Press, Bordwali, PO- Agartala,
PS-West Agartala, District- West Tripura
17.Sri Sankar Chandra Deb
Jr. Inkman, Tripura Government Press, Bordwali, PO- Agartala,
PS-West Agartala, District- West Tripura
18.Shri Lalit Mohan Das
Jr. Inkman, Tripura Government Press, Bordwali, PO- Agartala,
PS-West Agartala, District- West Tripura
19.Shri Hari Pada Das
Jr. Inkman, Tripura Government Press, Bordwali, PO- Agartala,
PS-West Agartala, District- West Tripura
20.Shri Niranjan Chandra Das
Jr. Inkman, Tripura Government Press, Bordwali, PO- Agartala,
PS-West Agartala, District- West Tripura
21.Shri Krishna Mohan Sharma
Jr. Inkman, Tripura Government Press, Bordwali, PO- Agartala,
PS-West Agartala, District- West Tripura
22.Shri Haradhan Debnath
Jr. Inkman, Tripura Government Press, Bordwali, PO- Agartala,
PS-West Agartala, District- West Tripura
23.Shri Harinarayan Chakraborty
Jr. Inkman, Tripura Government Press, Bordwali, PO- Agartala,
PS-West Agartala, District- West Tripura
24.Shri Babul Chandra Deb
Jr. Inkman, Tripura Government Press, Bordwali, PO- Agartala,
PS-West Agartala, District- West Tripura
25.Shri Chandra Kishore Chakma
Jr. Inkman, Tripura Government Press, Bordwali, PO- Agartala,
PS-West Agartala, District- West Tripura
26.Shri Gurupada Darman
Jr. Inkman, Tripura Government Press, Bordwali, PO- Agartala,
PS-West Agartala, District- West Tripura
27.Shri Narendra Deb Barma
Jr. Inkman, Tripura Government Press, Bordwali, PO- Agartala,
PS-West Agartala, District- West Tripura
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............ Respondent(s).
BEFORE
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI
HON'BLE MR. JUSTICE S. G. CHATTOPADHYAY
For Appellant(s) : Mr. Raju Datta, Advocate.
For Respondent(s) : Mr. D. Sharma, Addl. Govt. Advocate.
Date of hearing and
Judgment & Order : 1st March, 2021.
Whether fit for reporting : NO
JUDGMENT AND ORDER(Oral)
(Akil Kureshi, CJ)
This appeal is filed by the original petitioners opposed Writ
Petition(c) No. 223 of 2014 came to be dismissed by the learned Single Judge by
impugned judgment dated 11.06.2018.
[2] Brief facts are as under:
The petitioners were appointed as a Jr. Mechanics on 23.11.1992
and 19.12.1992 respectively. In the writ petition, they have challenged a final
seniority list dated 19.05.2014, mainly contending that three persons namely, Sri
Kishore Kr. Datta Roy, Sri Kalidas Deb and Sri Ashim Kr. Debnath though
joined the post of Mechanics later to the petitioners, they were shown senior to
the petitioners in the said seniority list.
[3] The respondents appeared and filed a reply and pointed out that:
" 10. That, in reply to the averments made in Paragraph-6 of the
Writ Petition, it is stated that, the draft combined seniority list
was published in the year of 2005 along with inviting of
objection, if any, among the incumbents. But no objection was
received from any person even from the Writ Petitioners, Sri
Kamini Das and others Petitioner. Therefore, the draft seniority
List was finally published on 10.07.2007. So, the question of
separate Seniority List publication does, not arise. Therefore, the
writ petition may be dismissed as devoid of merit."
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[4] The petitioners there upon filed a rejoinder in which with respect
to the above noted pargraph-10 of the reply affidavit they had stated as under:
"5. That with reference to the statements made in paragraph 10
of the counter affidavit, I reiterate the statements made in
paragraph 6 of the writ petition. I say that the Respondent has
not annexed any purported draft combined seniority list of 2005
or final seniority list dated 10.07.2007. I say that in paragraph 6
of the writ petition the petitioners dealt with recruitment rules. I
further say that assertions made by the Respondents are
unwarranted and irrelevant."
[5] The learned Single Judge dismissed the writ petition on the
ground that previously, the seniority list of the cadre was finalized and published
in the year 2007 and since the seniority list dated 19.05.2014 is not different
from the previous seniority list of 2007, the petitioner cannot reopen the stale
seniority issues after such a long time. Following observations of the learned
Single Judge may be noted:
"9. On the basis of material which has come on record, the
submission of the petitioners claiming seniority over the persons
who are appointed as a Machineman at a later point of time in
the final seniority list is wholly without substance for the reason
that prior to the final seniority list dt. 19.5.2014 after inviting
objections final seniority list was published by the respondents
on 10.7.2007 but that was never challenged by the petitioners if
at all aggrieved. The present final seniority list which has been
published is only taking note of the subsequent induction which
has been taken place in the service indicating the position as on
22.01.2014. Obviously the persons who have been included in
the final seniority list subsequent to 2007 may have a right of
grievance to question of their placement but as regards the
persons who are already inducted and placed at the appropriate
place in the final seniority list published on 10.7.2007 ordinarily
is not open for them to question the seniority list of 19.5.2014
which has been published in furtherance of the earlier final
seniority list of 10.7.2007.
10. Even on merits, the submission is without substance for the
reason that those with whom the petitioners are claiming their
seniority had entered into service way back in 1979/1980, at
least 20 years elder in seniority to the petitioners while joining
service and later appointed as a Jr. Inkman and thereafter as
Machineman, with regard to the present petitioners they joined
service as a Jr. Machineman in November 1992 and on
completion of 10 years of service under the ROP Rules, 1988
their pay were revised to the post of Machineman but that will
not give them a right to place their seniority over the persons
who are much senior to them in the cadre. What is the position in
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the relevant Recruitment Rules has not been brought to the
notice of the court."
[6] It can thus be seen that the writ petition was dismissed both on the
ground of delay in challenging the seniority list as well as on merits. However,
we would confine our observations only in respect to gross delay in challenging
the seniority position. We have noticed that in the reply statement, the State
Government had averred that a draft seniority list was published for the cadre in
the year 2005 and after considering representations, final seniority list was
published on 10.07.2007. At no stage, the petitioners had raised any objection to
the draft as well as final seniority list. When the petitioners filed rejoinder, they
did not dispute this factual averments of the department. They only contended
that such final list is not produced on record. This is vitally different from
suggesting that no such exercise as stated by the respondents of publication of
draft and final seniority lists was undertaken. Had the case of the petitioners
been that no draft seniority list was published nor final seniority list prepared
and published by the department, as stated in the year 2007, the issue would
stand entirely on different ground. If we therefore, proceed on the basis that for
the same cadre, showing the same relative seniority of the petitioners and the
above stated private respondents in draft and final forms in the years 2005 and
2007 respectively, the petitioners disputing such seniority position in a fresh list
which was published in 2014, would surely be hit by the well settled legal
principle that seniority position in a cadre should not be allowed to be reopened
after inordinate delay.
To complete the record, a copy of the final seniority list published
on 10th July, 2007 supplied by Mr. D. Sharma, learned Addl. G. A is taken on
record.
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[7] In the result, the appeal is dismissed. Pending application(s), if
any, also stands disposed of.
(S. G. CHATTOPADHYAY),J. (AKIL KURESHI),CJ.
Dipankar
