For vs Ms. A. Debbarma
2021 Latest Caselaw 1187 Tri

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                           HIGH COURT OF TRIPURA
                                 AGARTALA

                               W.A. No.251/2021

For Appellant(s)                  : Mr. P. Roy Barman, Sr. Advocate,
                                    Ms. A. Debbarma, Advocate.
For Respondent(s)                 : Mr. Debalay Bhattacharjee, G.A.,

Mrs. N.C. Saha, Advocate.

HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY

Order 30/11/2021 (Indrajit Mahanty, C.J.)

Heard learned counsel for the respective parties.

The present appeal has come to be filed seeking to challenge the

judgment and order dated 06.08.2021 in WP(C) No.1387 of 2017 whereby the

Hon'ble Chief Justice sitting single had dismissed the writ petition. After

perusing the said order, we find no justifiable ground to interfere with the

matter except in paragraph-4 at the end of the paragraph the Hon'ble Chief

Justice recorded the following fact:

"The Sabroom Nagar Panchayat has, of course, later on sent a proposal for creation of additional post of LDC on which the petitioner can be absorbed. However, it is nothing on the record to suggest that such proposal has been accepted by the Government."

On the aforesaid limited aspect, we issue notice to the State to

file an affidavit as to the outcome of the proposal sent by the Sabroom Nagar

Panchayat. We pass the aforesaid order essentially keeping in mind the fact

that the appellant had been appointed as LDC in the year 2005 to an

unreserved post which was purportedly on account of the promotion of one

Gopal Chandra Majumder to the post of UDC which it appears was not

sanctioned as a consequence of which said Gopal Chandra Majumder was

reverted back to LDC. It appears that as a consequence of the reversion of the

said Sri Majumder to the post of LDC the orders removing the appellant have

been passed. In other words, it appears that the petitioner/appellant has not in

any manner raised any false claim or has contributed to the process of

selection.

Notice is made returnable within four weeks (04.01.2022).

4(four) weeks' time is granted to the State to file a reply.

List the matter on 11.01.2022.

(S.G. CHATTOPADHYAY), J (INDRAJIT MAHANTY), CJ

Pulak