Tripura High Court
Sri Sumanta Nandi vs The State Of Tripura on 17 May, 2024
Page 1 of 9
HIGH COURT OF TRIPURA
AGARTALA
WP(C) No.205 of 2023
Sri Sumanta Nandi, S/o Sri Santosh Nandi, resident of Ramthakur Para, P.O.-
A.D. Nagar, (near A.D. Nagar H.S. School), Agartala-799003, West Tripura.
......... Petitioner (s)
VERSUS
1. The State of Tripura, represented by the Secretary to the Government of
Tripura, Agriculture Department, New Secretariat, P.O. New Capital
Complex, Agartala, West Tripura.
2. The Director of Agriculture, Government of Tripura, Akhaura Road,
Agartala, West Tripura.
3. Tripura Public Service Commission, represented by its Secretary, Akhaura
Road, Agartala, West Tripura.
......... Respondent(s)
WP(C) No.206 of 2023
Sri Bireswar Debbarma, S/o Lt. Radha Mohan Debbarma, resident of Ujan
Abhoynagar, (near New Star Club), P.O. Abhoynagar, Agartala, West Tripura.
......... Petitioner (s)
VERSUS
1. The State of Tripura, represented by the Secretary to the Government of
Tripura, Agriculture Department, New Secretariat, P.O. New Capital
Complex, Agartala, West Tripura.
2. The Director of Agriculture, Government of Tripura, Akhaura Road,
Agartala, West Tripura.
3. Tripura Public Service Commission, represented by its Secretary, Akhaura
Road, Agartala, West Tripura.
......... Respondent(s)
WP(C) No.207 of 2023
Sri Debasis Deb, S/o Lt. Sushil Chandra Deb, resident of Indranagar, Ward No.5,
(near Indaranagar Post Office), P.O-Indranagar, West Tripura.
......... Petitioner (s)
VERSUS
1. The State of Tripura, represented by the Secretary to the Government of
Tripura, Agriculture Department, New Secretariat, P.O. New Capital
Complex, Agartala, West Tripura.
2. The Director of Agriculture, Government of Tripura, Akhaura Road,
Agartala, West Tripura.
3. Tripura Public Service Commission, represented by its Secretary, Akhaura
Road, Agartala, West Tripura.
......... Respondent(s)
WP(C) No.208 of 2023
Sri Partha Pratim Paul, S/o Lt. Sukhendu Bikash Paul, resident of Sadar,
Agartala, Ward No.18, Kamar Pukur Par South, P.O-Agartala, West Tripura.
Page 2 of 9
......... Petitioner (s)
VERSUS
1. The State of Tripura, represented by the Secretary to the Government of
Tripura, Agriculture Department, New Secretariat, P.O. New Capital
Complex, Agartala, West Tripura.
2. The Director of Agriculture, Government of Tripura, Akhaura Road,
Agartala, West Tripura.
3. Tripura Public Service Commission, represented by its Secretary, Akhaura
Road, Agartala, West Tripura.
......... Respondent(s)
WP(C) No.209 of 2023
Sri Manik Ranjan Barman, S/o Aditwa Kumar Barman, resident of Gokulpur,
Tepania, Udaipur, Gomati District, Tripura.
......... Petitioner (s)
VERSUS
1. The State of Tripura, represented by the Secretary to the Government of
Tripura, Agriculture Department, New Secretariat, P.O. New Capital
Complex, Agartala, West Tripura.
2. The Director of Agriculture, Government of Tripura, Akhaura Road,
Agartala, West Tripura.
3. Tripura Public Service Commission, represented by its Secretary, Akhaura
Road, Agartala, West Tripura.
......... Respondent(s)
WP(C) No.210 of 2023
Sri Shyamal Saha, S/o-Lt. Subal Chandra Saha, resident of Math Chowmohani
Bazar, Gali No.2, P.S. East Agartlaa, West Tripura.
......... Petitioner (s)
VERSUS
1. The State of Tripura, represented by the Secretary to the Government of
Tripura, Agriculture Department, New Secretariat, P.O. New Capital
Complex, Agartala, West Tripura.
2. The Director of Agriculture, Government of Tripura, Akhaura Road,
Agartala, West Tripura.
3. Tripura Public Service Commission, represented by its Secretary, Akhaura
Road, Agartala, West Tripura.
......... Respondent(s)
WP(C) No.211 of 2023
Sri Santi Ranjan Mallik, S/o Sushil Mallik, resident of Udaipur, P.O.
Madhyapara, Dstrict-Gomati, Tripura.
......... Petitioner (s)
VERSUS
1. The State of Tripura, represented by the Secretary to the Government of
Tripura, Agriculture Department, New Secretariat, P.O. New Capital
Complex, Agartala, West Tripura.
Page 3 of 9
2. The Director of Agriculture, Government of Tripura, Akhaura Road,
Agartala, West Tripura.
3. Tripura Public Service Commission, represented by its Secretary, Akhaura
Road, Agartala, West Tripura.
......... Respondent(s)
For Petitioner (s) : Mr. G.K. Nama, Advocate.
For Respondent(s) : Mr. Kohinoor N. Bhattacahryya, G.A.,
Mr. Raju Datta, Advocate,
Mr. R. Saha, Advocate,
Mr. D.C. Saha, Advocate.
HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH
Date of hearing & Judgment: 17.05.2024
Whether Fit for Reporting : NO
JUDGMENT & ORDER (ORAL)
Heard Mr. G.K. Nama, learned counsel for the petitioners and Mr.
Kohinoor N. Bhattacharyya, learned Government Advocate together with Mr.
Raju Datta, learned counsel for the respondent/TPSC.
[2] Since the case of the parties are common, for convenience sake,
facts as are pleaded in WP(C) 205 of 2023 are being referred to hereunder.
[3] All these petitioners were appointed to the post of Junior Engineer in
the Department of Agriculture, Government of Tripura holding the qualification
of degree in Engineering in the respective year 2005, 1996 and 1992. According
to them they are governed by the Recruitment Rules, 2010 namely „Recruitment
Rules, 2010‟ for the post of Assistant Engineer (Civil/ Mech), Department of
Agriculture, Government of Tripura (Annexure-2). The Rule-4 of the
Recruitment Rules, 2010 prescribes the method of recruitment, age limit,
qualification etc. Rule-6 of the Recruitment Rules, 2010 provides for fixation of
seniority. Rule-11 of the Recruitment Rules, 2010 provides for repeal and savings
by which the existing Recruitment Rules of 1983 were repealed. But such repeal
would not affect any appointment made or order issued or action taken or
anything whatsoever done under the rules so repealed and would be treated as
having been done under the corresponding provision of these rules. Their
grievance is that by advertisement No.03/2023 respondent-State has taken
initiative to fill up only 20% direct recruitment quota of Assistant Engineers
keeping in abeyance the 40% promotion quota. As per the Recruitment Rules,
2010, Clause-5 of the schedule annexed thereto which is extracted hereunder,
20% of the post of the Assistant Engineer (Civil/Mechanical) are to be filled up
by direct recruitment (as per Combined Competitive Examination, Rules, 2009);
40% by promotion from Degree holder Junior Engineers Grade-I and 40% by
promotion from Diploma holder Junior Engineers Grade-I, failing which by
transfer on deputation:
5 Method of (a) 20% by direct recruitment (as
Recruitment whether per Combined Competitive
by Direct Examination, Rules, 2009)
Recruitment or by (b) 40% by promotion from
Promotion or by Degree holder Junior
deputation/ Transfer Engineers Grade-I
and percentage of (c) 40% by promotion from
the vacancies to be Diploma holder Junior
filled up by various Engineers Grade-I
method. Failing which by transfer on
deputation.
[4] According to the petitioners, respondents have ignored the adverse
effect of making direct recruitment only without due promotion to the petitioners
form the cadre of Junior Engineer Grade-I which could result in direct recruits
becoming senior to them. Petitioners admit that by notification dated 14th
October, 2022 they have been promoted to the post of Assistant Engineer on ad-
hoc basis. However, their concern is that direct recruitment thereafter would
affect their seniority since their promotion is only ad-hoc. Therefore, they have
prayed for stalling of the recruitment to the post of Assistant Engineer through
direct recruitment till the process of 40% promotion quota is initiated
simultaneously within the same year. Meanwhile, direct recruitment to the post
of Assistant Engineer may be stayed.
[5] Respondent-State has filed counter-affidavit in all the matters. The
gist of the stand of the respondent as contained in paragraph-9 and 10 are
extracted hereunder:
"9) That, with regards to the averments made in Para 3 of this
Writ Petition, the answering Respondent submits that the
Department has taken the required initiative in promoting the
Junior Engineers to the post of Asstt. Engineers, as admitted by
the petitioner vide Notification No.F.2(152)-Agri/Estt/2007-
08/P-I/9443-501 dated 14.01.2022.
Further, answering respondent submits that of SLP
(C) 19765-19767 of 2015 before the Hon‟ble Supreme Court of
India, have given the promotion of the Petitioner on Ad-hoc
basis vide Notification No. F.2(24)-GA (P&T)/2021 dated
22/06/2021 issued by the G.A. (P&T), Government of Tripura,
subject to the final outcome of the verdict in SLP(C) 19765-
19767 of 2015 pending before the Hon‟ble Supreme Court of
India. Thus, till date, Out of total 23 posts (15 civil + 8
Mechanical), already 15 posts (11 Civil+4 Mechanical) through
promotion has been filled up out of total 18 posts (12 civil + 6
Mechanical) against the promotion quota.
Thus, the claim of the Petitioner that 40% of
Promotion Posts have not been filled up is not a fact.
Copy of the Notification dated 22/06/2021 is
enclosed as Annexure-R/1.
10) That , with regard to the averments made in Para 4
of this Writ Petition, the answering Respondents submit that the
Hon‟ble High Court in Judgment dated 19/04/2018 passed in
Case No.W.P.(C) 375/2018 and W.P.(C) 377/2018 directed
that:-
"...... This Court considers appropriate to dispose of the
petition with the direction to the State Government that after due
determination of vacancies of the posts of Assistant Engineer
(Agriculture/Civil/Mechanical) may initiate the process to fill
the promotion quota after considering the eligibility of Junior
Engineer Grade-I in accordance with Law".
Following the above direction, it is to mention herewith that the
total No. of vacant posts identified are:-
i) Out of 15 posts (12 posts for promotion and 3 posts for direct
recruitment) against Assistant Engineer (civil), out of which, 11
promotion posts have been filled up since 2018.
ii) Out of 8 post (6 posts for promotion and 2 posts for direct
recruitment) against Assistant Engineer (Mechanical), out of
which, 04 promotion posts have been filled up since 2018.
iii) Out of 5 post for direct recruitment (3 Civil & 2 Mechanical), a
proposal/ requisition for filling up 4 posts (3 Civil & 1
Mechanical), have been sent to the Tripura Public Service
Commission (TPSC) and accordingly TPSC advertised for
recruitment vide Advt. No.3/2023."
[6] Respondent-Tripura Public Service Commission (TPSC) has also
filed a separate counter-affidavit. Their stand is contained in paragraph Nos. 4 to
7. According to them the TPSC has concurred the proposal of the department for
promotion to the post of Assistant Engineer [(Mechanical) (Degree & Diploma)]
subject to creation of supernumerary post under Department of Agriculture &
Farmer‟s Welfare, Government of Tripura on ad-hoc basis as one time measure
as recommended by the Selection Committee meeting held on 26.09.2022 subject
to the condition as mentioned in the notification dated 22.06.2021which is the
Ad-hoc Promotion Policy. In the said meeting the Selection Committee
recommended 3(three) Junior Engineer, Grade-I Degree holder and 1(one) Junior
Engineer, Grade-I Diploma holder for promotion to the post of Assistant
Engineer, Mechanical (Degree & Diploma) as mentioned in DPC minutes dated
26.09.2022 (Annexure-R/1 & R/2).
[7] It is further stated that as per requisition of the Public Works
Department, Government of Tripura for recruitment to 4(four) numbers of post of
Assistant Engineer (Civil/Mechanical), Group-A Gazetted under the Department
of Agriculture and Farmers Welfare, Government of Tripura vide letter dated
25.03.2021, the Commission verified all the papers related with the recruitment
process and found all the documents in order. Thereafter, Commission floated an
advertisement vide advertisement No.03/2023 dated 11.01.2023 for inviting
online applications for recruitment.
[8] Learned counsel for the respondent-Commission has also
referred to requisition of the Public Works Department, Government of Tripura
dated 16.09.2016 for recruitment of 6(six) numbers of Assistant Engineer
(Civil/Mechanical), Group-A Gazetted under the RD Department and the
Agriculture Department, Government of Tripura. An advertisement was issued
bearing No.21/2017 dated 13.11.2017. However, the said advertisement was
cancelled by a notification dated 02.01.2019 issued by the TPSC.
[9] Respondent-Commission denied the statement made at paragraph
Nos.5 & 6 of the writ petition that as per Recruitment Rules, 2010 which
provides for seniority between direct recruits and promotees, the direct recruits
shall become senior to the ad-hoc promotees, if they are not promoted in the
same year or that the direct recruits will go ahead of ad-hoc promotees in
seniority. The respondent-Commission further denied that the attempt to fill 20%
direct recruitment quota only by suspending the 40% promotion quota is ex-facie
unfair and illegal.
[10] Mr. G.K. Nama, learned counsel for the petitioners submits that
petitioners apprehend that their seniority might be affected because of direct
recruitment even after their promotion on ad-hoc basis vide notification dated
14.09.2022. The respondent- State and respondent-Commission are, therefore,
required to adhere to Rule-6 to the Recruitment Rules, 2010, which provides for
fixation of seniority between the direct recruits and promotees.
[11] The learned counsel for the respondent-State and respondent-
Commission both have allayed the apprehension of the petitioners on that score.
They submit that as per Ad-hoc Promotion Policy dated 22.06.2021 inter se
seniority list is determined but such promotion is subject to the outcome of the
Special Leave Petition pending before the Apex Court. Petitioners‟ apprehension
that their seniority on ad-hoc promotion as Assistant Engineer, Agriculture
(Civil/Mechanical) is likely to be affected by a process of direct recruitment
initiated under advertisement No.3/2023 is misplaced. The process of direct
recruitment under this advertisement has not been completed. The seniority of the
direct recruits to be recruited under advertisement No. 03/2023 could be
determined only from the date on which they are borne on the cadre. Therefore,
the apprehension of the petitioners is misplaced.
[12] I have considered the submissions of the learned counsel for the
parties and taken note of the materials placed on record. Specifically, I have also
referred to the Recruitment Rules, 2010. Rule-6 of the Recruitment Rules, 2010
is extracted hereunder:
"6. Seniority:-
The State government shall prepare a list of members of the
Service arranged in order of seniority as determined in the
manner specified below:-
(i) The relative seniority of direct recruits and of promotes
shall be determined according to the rotation of vacancies filled
in a recruitment year between the direct recruits and the
promotees which shall be based on the quotas of vacancies
reserved for Direct recruitment and promotion.
(ii) Seniority of Degree Holder Engineers and Diploma
Holder Engineer shall be determined separately and not clubbed
together."
[13] Petitioners bear a misplaced apprehension that direct recruitment
being undertaken under advertisement No.03/2023 for the post of Assistant
Engineer in the Department of Agriculture is likely to affect their seniority.
Petitioners who were appointed in different points of time on the post of Junior
Engineer, Grade-I in the Department have been conferred promotion by
notification dated 14th October, 2022 on ad-hoc basis as per the notification dated
22.06.2021. Due to pendency of Special Leave Petition(C) No.19765-19767 of
2015 such promotions are subject to final outcome of the Special Leave Petition
pending in the Hon‟ble Supreme Court of India. Direct recruits to be recruited
under advertisement No.03/2023 have not even been borne in the cadre. In any
case seniority among the direct recruits and promotees have to be prepared in a
manner prescribed under Rule-6 of the Recruitment Rules, 2010 which says that
the relative seniority of direct recruits and of promotees shall be determined
according to the rotation of vacancies filled in a recruitment year between the
direct recruits and the promotees which shall be based on the quotas of vacancies
reserved for direct recruitment and promotion. The State has undertaken the task
of identifying the quota of promotional post against which the promotion of
certain Junior Engineers like the petitioners have been made vide notification
dated 14.10.2022. In such circumstances, as is also the case of the respondent-
Commission and the respondent-State, the apprehension of the petitioners that
petitioners seniority is likely to be affected because of the direct recruitment to
the post of Assistant Engineers, Department of Agriculture under advertisement
No.03/2023 is misplaced. Needless to say, the Department is obliged to follow
the principles prescribed under Rule-6 of the Recruitment Rules-2010 at the time
of fixation of seniority of the petitioners vis-a-vis direct recruits.
Accordingly, the instant writ petitions are disposed of with the
aforesaid observation. Pending application(s), if any, also stands disposed of.
(APARESH KUMAR SINGH), CJ
Munna S MUNNA SAHA Digitally signed by MUNNA SAHA
Date: 2024.05.22 16:21:57 +05'30'
