Mr. A. Bhowmik vs Mr. D. Bhattacharya
2021 Latest Caselaw 300 Tri

                             HIGH COURT OF TRIPURA
                                   AGARTALA
                                   WP(C)No.743 of 2020
     For Petitioner(s)           :     Mr. A. Bhowmik, Adv.
     For Respondent(s)           :     Mr. D. Bhattacharya, G.A.

Mr. P. Saha, Adv.

HON'BLE MR. JUSTICE S. TALAPATRA

Order 09/03/2021

Heard Mr. A. Bhowmik, learned counsel appearing for the petitioner as

well as Mr. D. Bhattacharya, learned G.A., assisted by Mr. P. Saha, learned counsel

appearing for the respondents.

2. By means of this petition, the petitioner has urged this court for

directing the respondents to issue offer of appointment for the post of driver

pursuant to the selection and recommendation made by the Transport Department

by the memorandum dated 06.01.2017 [Annexure-3 to the writ petition] where the

name of the petitioner figures at serial No.9 under UR category.

3. The short resume of facts which is relevant in the context is that the

respondents held a walk-in-interview for selecting the Driver, Group-C non-gazetted

in the scale of pay of Rs.5,700-24,000/- with grade pay of Rs.2,200/- [under PB-2]

on fixed pay basis for various departments. The petitioner appeared in the walk-in-

interview and got selected and as stated, was recommended by the Transport

Department. Despite availability of the vacancies, he has not been appointed and no

reason whatsoever has been provided for such action.

4. Mr. A. Bhowmik, learned counsel appearing for the petitioner has

submitted that in a similar fact-situation, this court has directed the respondents to

appoint the petitioner. The case which covers the present controversy is titled as

Khagendra Reang versus State of Tripura and Others [judgment dated

10.01.2019 delivered in WP(C)No.689 of 2018].

5. Today, Mr. D. Bhattacharya, learned G.A. appearing for the respondents

has submitted that he has been given instruction in writing to concede that, this

case is fully covered by Khagendra Reang(supra). Mr. Bhattacharya, learned G.A.

has further been instructed to submit before this court that the similar order may be

passed for compliance of the respondents.

Accordingly, the respondents are directed to appoint the petitioner as

the Driver, Group-C under the Revenue Department within a period of three months

from today, without fail.

In terms of the above, this petition stands allowed and disposed of.

No order as to costs.

JUDGE

Sabyasachi B