Sri Ajit Sarkar vs The State Of Tripura
2023 Latest Caselaw 83 Tri

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                 HIGH COURT OF TRIPURA
                      AGARTALA
                 WP(C) NO.750 OF 2021

1. Sri Ajit Sarkar,
S/o Late Jogendra Sarkar,
R/o Belabar Kali Mandar, P.O. Agartala,
Dist- West Tripura, Age-47.

2. Sri Bimal Tripura,
S/o Sri Rabi Kr. Tripura,
R/o: Vill: Durgapur, Gandacherra,
P.O.- Sarma, P.S.: Gandacherra,
Dist: Dhalai Tripura, Age-42.

3. Sri Mithilesh Debbarma,
S/o- Lt Ashish Debbarma,
R/o- Thakurpalli Road, P.O.- Agartala,
P.S.- West Agartala, Dist: West Tripura, Age-43.

4. Sri Pankaj Roy,
S/o Arabinda Roy, R/o: Vill: Barjala,
P.O.- Barjala, P.S: West Agartala, Dist: West Tripura,
Age-40.

5. Sri Rajeeb Chakraborty,
S/o Nirmal Chakraborty,
R/o- Melaghar, Hospital Road, P.O. Melaghar,
P.S.- Melaghar, Dist: Sepahijala, Tripura Age-40.

6. Sri Ananta Mohan Das,
S/o. Lt. Amar Chand Das,
R/o Singhagarh Colony, Chankapsalema,
P.O. & P.S. Ambassa, Dist: Dhalai Tripura, Age-43.

7. Sri Uttam Kmar Acharjee,
S/o: Gouranga Chandra Acharjee,
R/o: Vill: Chowmuhani Bazar, P.O. Surja Mani Nagar,
P.S. Amtali, Dist: West Tripura, Age-50.
                                      ......... Petitioner(s)
                 Vs.

1. The State of Tripura,
To be represented by the Secretary cum Commissioner to
the Department of Finance(Excise & Taxation), Govt. of
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   Tripura, New Secretariat Complex, Kunjaban, Agartala,
   West Tripura, PIN-799010.

   2. The Commissioner of Taxes,
   Department of Finance(Excise and Taxation), Govt. of
   Tripura, P.O. Agartala, P.S.- West Agartala, Dist.- West
   Tripura.

   3. The Secretary cum Commissioner,
   General Administration(Personnel and Training)
   Department, Govt. of Tripura, P.O. Kunjaban,
   P.S. New Capital Complex, Dist- West Tripura.

   4. The Tripura Public Service Commission,
   Represented by the Secretary, Akhaura Road,
   P.O. Agartala, P.S. West Agartala, Dist- West Tripura.

                                           ....... Respondent(s)

For the Petitioner(s) : Mr. P. Roy Barman, Sr. Advocate.

Mr. K. Nath, Advocate.

For the Respondent(s) : Mr. D. Bhattacharjee, G.A.

Mr. R.G. Chakraborty, Advocate.

Mr. K. De, Addl. G.A.

Mr. S. Saha, Advocate.

Date of hearing and delivery of Judgment & Order : 18.01.2023.

Whether fit for reporting : YES/NO.

HON'BLE THE CHIEF JUSTICE(ACTING) HON'BLE MR. JUSTICE ARINDAM LODH

JUDGMENT AND ORDER(ORAL)

In this instant writ petition, the petitioners who

are serving in the post of Inspector of Taxes under the

Finance(Excise & Taxation) Department have sought necessary

direction upon the respondents to consider the inclusion of the

post of Inspector of Taxes under the Finance(Excise and

Taxation) Department, Govt. of Tripura, in the category of the

Group-A Post of Schedule IV to Rule 5 of Rules, 1967 by

making necessary amendment of Tripura Civil Service Rules,

1967. The petitioners have also sought for quashing and

cancelling the Tripura Civil Service (28th Amendment) Rules,

1967, whereby, vide Schedule IV, certain posts have been

categorized as Group-A and Group-B posts for promotion to the

Tripura Civil Service cadre.

2. Previously, petitioner No.1 filed WP(C)907/2017,

petitioner No.2 filed WP(C)912/2017, petitioner No.3 filed

WP(C)932/2017, petitioner No.4 filed WP(C)922/2017,

petitioner No.5 filed WP(C)937/2017, petitioner No.6 filed

WP(C)929/2017 and petitioner No.7 filed WP(C)918 of 2017

before this Court praying for inclusion of the post of Inspector

of Taxes under the Finance(Excise and Taxation) Department,

Govt. of Tripura, in the category of the Group-A post of

Schedule IV to Rule 5 of Rules, 1967. Further prayer was made

to set aside and quash Schedule IV Rule 5 of TCS Rules, 1967.

This Court vide common order dated 25.06.2019 disposed of

those Writ Petitions along with other similar Writ Petitions. This

Court permitted the petitioners to approach the State-

Respondents for redressal of their grievance as projected in the

writ petitions. This Court further directed the State-

respondents that, before passing any order on the

representations to be submitted by the petitioners, the

petitioners shall be afforded adequate opportunity of hearing.

This Court further granted liberty to the petitioners to approach

this Court if need arises subsequently.

3. Thereafter, the petitioners individually filed similar

representations to the Addl. Chief Secretary, General

Administration(P&T) Department, Govt. of Tripura, in

pursuance to the direction given by this Court vide order dated

25.06.2019 passed in the WP(C) No.907/2017 and other

similar Writ Petitions. In the representation, the petitioners

substantiated their claims for inclusion of the post of Inspector

of Taxes in Group-A to the Schedule IV of Tripura Civil Rules,

1967.

4. Thereafter, the Under Secretary, to the

Government of Tripura vide, letter dated, 18.12.2019,

informed the petitioners, that personal hearing will be held on

17.01.2020 in the office Chamber of Principal Secretary,

GA(P&T) Department, Secretariat, Agartala. Thereafter, the

petitioners took part in the personal hearing and projected the

claim for treating the post of Inspector of Taxes as a Group-A

post vide Schedule IV to Rule 5 of TCS Rules,1967.

5. Vide memo dated 08.07.2020, issued by the

Under Secretary to the Government of Tripura, it was

communicated that the Government of Tripura, in the GA(P&T)

Department has constituted a High-Level Committee to

examine the representations submitted by the employees

holding various posts which are of TCS feeder post. In the

memo, it has been mentioned that the order passed by this

Court dated 25.06.2019 has directed the State respondents to

hear the grievance of the employees holding TCS feeder posts.

6. Despite the directions given by this Court vide

order dated 25.06.2019, till date, the representations

submitted by the petitioners have not been considered by the

respondents. Till date, the petitioners have not been

communicated the decisions taken by the respondents based

on the representations submitted by them in compliance with

the aforesaid order of this Court. Recently, the respondents

have taken up the exercise for filling up the vacant post in

Tripura Civil Service from feeder posts.

7. Aggrieved thereby, the petitioners have filed this

instant petition and prayed for the following reliefs:-

" i. Issue Rule upon the Respondents to show cause as to way Writ in the nature of mandamus and/or Order or direction shall not be issued where by directing the respondents to consider inclusion of the post of Inspector of Taxes under the Finance(Excise and Taxation) Department, Govt. of Tripura, in the category of the Group-A post of Schedule IV to Rule 5 of Rules, 1967 by making necessary amendment of Tripura Civil Service Rule, 1967.

ii. Issue Rule upon the Respondents to show cause as to why Writ in the nature of mandamus and/or Order or direction shall not be issued where by quashing and cancelling the Tripura Civil Services (28th Amendment) Rules, 1967, whereby, vide Schedule-IV certain posts has been categorized as Group-A and Group-B posts for promotion to the Tripura Civil Service Cadre.

iii. Pass an interim order by the Hon'ble High Court directing the respondents not to proceed with promotional exercise for filling up the vacancies in Tripura Civil service by promotion.

iv. Make the rules absolute.

v. Call for records.

vi. Pass any further order/orders as this Hon'ble High Court considered fit and proper."

8. Heard Mr. P. Roy Barman, learned Sr. counsel

assisted by Mr. K. Nath, learned counsel appearing for the

petitioners as well as Mr. D. Bhattacharjee, learned G.A.

assisted by Mr. S. Saha, learned counsel appearing for the

respondents.

9. Mr. Roy Barman, learned Sr. counsel appearing

for the petitioners submits that despite the direction given by

the Division Bench of this Court in the order dated 25.06.2019,

the respondents are sitting over the representations submitted

by the petitioners.

10. During the course of the arguments, learned G.A.

appearing for the State-respondents has drawn the attention of

this Court to the order dated 26.07.2021 which has been

passed by this Principal Secretary to the Government of

Tripura. A fair reading of the same does not indicate that

application of mind was made to the order passed by this Court

and also to the grievance of the petitioners herein.

11. In view of the same, respondents are directed to

reconsider the matter and pass a speaking order afresh in light

of the Division Bench Judgment passed by this Court in the

earlier round of litigation and remove the anomalies in this

context. The said exercise shall be completed within a period of

3(three) months from the date of receipt of the copy of this

order.

12. With the above observation and direction, this

instant Writ Petition is disposed of. Consequently, pending

application(s), if any also stands closed.

           JUDGE                     CHIEF JUSTICE (ACTING)




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