Tripura High Court
Mr. S. Lodh vs Mr. D. Bhattacharjee on 17 September, 2021
Page 1 of 3
HIGH COURT OF TRIPURA
AGARTALA
WP(C) NO.365 OF 2021
HON'BLE MR. JUSTICE ARINDAM LODH
Present:
For the Petitioner(s) : Mr. S. Lodh, Advocate.
For the Respondent(s) : Mr. D. Bhattacharjee, G.A.
Mr. Soumodeep Saha, Advocate.
17.09.2021
Order
Heard Mr. S. Lodh, learned counsel appearing for the
petitioners as well as Mr. D. Bhattacharjee, learned G.A. along
with Mr. Soumodeep Saha, learned counsel appearing 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 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 TCS,
Grade-II, initiated vide Advertisement No-04/2016,
dated,30.04.2016, conducted by the Respondent No.3
(Annexure-6 to the writ petition)
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
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-I, 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 (Annexure-5 to
the writ petition).
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 directing
the Respondents to conclude the recruitment process to
the TCS Grade-II, which was initiated in pursuance to the
Advertisement No-04/2016 dated, 30.04.2016, issued by
the TPSC
AND
Call for the records pertaining to the instant Writ
Petition from the Custody of the Respondents and to make
the rule absolute.
AND
After hearing both the parties pass order/orders as
this Hon'ble High Court considered fit and proper".
At the outset, Mr. Lodh, 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
suhanjit
