Tripura High Court
Mr. S. Bhattacharjee vs Mr. Pk Dhar on 9 September, 2021
HIGH COURT OF TRIPURA
AGARTALA
WP(C) 267/2021
For Petitioner(s) : Mr. S. Bhattacharjee, Advocate
For Respondent(s) : Mr. PK Dhar, Sr. GA
Mr. A. Dey, Advocate
Mr. Raju Datta, Advocate
HON'BLE MR. JUSTICE ARINDAM LODH
Order
09/09/2021
Heard Mr. S. Bhattacharjee, learned counsel for the petitioners. Also
heard Mr. PK Dhar, learned senior GA assisted by Mr. A. Dey, learned
counsel for the respondents No. 1 and 2, and Mr. Raju Datta, learned
counsel appearing for the respondent no. 3.
By way of filing the instant writ petition, the petitioners have prayed
for the following reliefs:
"a. Issue Rule upon the respondents to show cause as to why a writ in the
nature of Mandamus and/or any other order/orders shall not be issued
whereby declaring that, the petitioners are covered by the judgment and
order dated 14.05.2019 passed in WP(C) No. 831 of 2018 (Samurdra
Debbarma versus State of Tripura & others) & judgment dated 20.01.2020
passed in WP(C) No. 1437 of 2019 (Debapratim Nag versus State of Tripura
& others), wherein the Hon'ble High Court allowed the WP(C) No. 831/2018
by quashing and setting aside the notifications dated 05.06.2018 & 20.08.2018
insofar as they relate to TCS and TPS Grade-II, which was later on affirmed
by the Division Bench of Hon'ble High Court of Tripura, vide judgment &
order dated 03.12.2019 passed in WA No. 142/2019;
b. Issue Rule upon the respondents to show cause as to why a Writ in the
nature of Mandamus and/or any other order/orders shall not be issued
whereby quashing and cancelling the Memorandum No. F.20(1)-
GA(P&T)/18, dated 20.08.2018, issued by the respondent no.1, so far
cancellation of the recruitment process initiated by the respective
Departments or the TPSC, for the post of TPS/TCS, Grade-II initiated vide
Advertisement No. 04/2016, dated 30.04.2016, conducted by the respondent
no.3;
c. Issue rule upon the respondents to show cause as to why a Writ in the
nature of Mandamus and/or any other order/orders shall not be issued
whereby commanding the respondents that, the recruitment process already
initiated by the Tripura Public Service Commission for direct recruitment
for the post of Tripura Civil Service (TCS) Grade-II & Tripura Police
Service (TPS) Grade II, cannot be cancelled on the basis of the new
recruitment policy, issued in the form of Notification, bearing No. F.20(1)-
GA(P&T)/18, dated 05.06.2018, as all the recommendations made in the said
notification have been made prospective;
d. Issue Rule upon the respondents to show cause as to why a Writ in the
nature of Mandamus and/or any other order/orders shall not be issued
whereby directing the respondents to conclude the recruitment process to the
TPS/TCS, Grade II, which was initiated in pursuance to the Advertisement
No. 04/2016, dated 30.04.2016, issued by the TPSC;
Call for the records pertaining to the instant Writ Petition from the custody
of the respondents and to make the rule absolute;
After hearing both the parties pass order/orders as this Hon'ble High Court
considered fit and proper".
At the outset, Mr. Bhattacharjee, learned counsel, inviting my
attention to the judgment dated 03.12.2019 passed by a Division Bench of
this court in W.A. 142 of 2019, titled as State of Tripura & another vs. Sri
Samudra Debbarma, has submitted that the petitioners want the similar
reliefs, as granted by the Division Bench of this court in W.A. 142 of
2019. The relevant part of the order is as under:
"In view of the disposal of the appeal of the Government it would now be for
the Government to complete the selection process for the post in question
from the stage where it had been stopped. The remaining procedure may be
completed within a period of 3 (three) months from today".
The present writ petition filed by the petitioners has been disposed of
with the same direction that the government would take necessary steps
to complete the selection process for the post in question from the stage
where it had been stopped relating to the petitioners.
It is informed in the bar that the judgment passed in Samudra
Debbarma (supra) has been stayed by the Hon'ble Supreme Court. The
future of this case shall depend upon the final decision of the Supreme
Court.
The petitioners will be covered with the direction passed in W.A. 142
of 2019 (State of Tripura and others vs. Samudra Debbarma and another)
subject to the decision of the Supreme Court.
With the aforesaid observation and direction, the instant writ petition
stands allowed and disposed of to the extent, as indicated above.
JUDGE
Saikat
