Unknown vs The State Of Tripura
2026 Latest Caselaw 1874 Tri

Tripura High Court

Unknown vs The State Of Tripura on 25 March, 2026

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                      HIGH COURT OF TRIPURA
                            AGARTALA
                           WP(C) No.184/2026
                  I.A. No.01/2026 in WP(C) No.184/2026
1. Sri Swapan Debbarma, EE, S/O. Rajendra Debbarma, Joykrishna Para,
Radhapur, West Tripura, Pin-799045, Age-52 yrs.
2. Sri Ritan Khisha, EE, S/O. Bibha Basu Khisa, House No. 070298, Ward No-
07, Near Abhoynagar Post Office, P.S.- East Agartala, Sadar Subdivision, AMC,
Pin-799005, Age-49 years.
3. Sri Bhabani Charan Jamatia, EE, S/O. Satish Chandra Jamatia, Mother
Teresa Lane (Natun Palli) Gurkhabasti, Agartala Post Office-Kathal Bagan P.S.-
NCC Thana, Pin-799006, Age - 54 years.
4. Sri Dhananjoy Debbarma, EE, S/O. Khirode Debbarma, House No-060230,
Ward No-14, Krishnanagar/Rajababu Lane, P.O.- Agartala, P.S.- West Agartala,
AMC, Pin-799001, Age - 52 years.
5. Sri Jibesh Debbarma, EE, C/O. Kishan Debbarma, House No.061032, Ward
No-14, Rajababu Lane, Colonel Chowmani, Krishnanagar, West Tripura, Pin-
799001, Age-53 years.
6. Sri Ritesh Debbarma, EE, S/O. Lt. Nagendra DebBarma, Dinanath
Choudhury Para, P.S.- Jirania, P.O.-Madhabbari, West Tripura, Pin-799045,
Age-47 years.
7. Sri Bijan Debbarma, EE, S/O. Lt. Binoy Debbarma, Vill- Krishnamohan
Kobra Para, P.O.- Lembuchara, West Tripura, Pin-799210, Age 52 years.
8. Sri Natya Kr. Jamatia, EE, S/O- Nanda Dulal Jamatia, Twisakuphur, Taidu,
Jambuk Chara, Gomati Tripura, Pin-799101, Age 50 years.
9. Sri Sristihari Jamatia, EE, S/O. Sukesha Mani Jamatia, Mohar Charra,
Teliamura, Darjeeling Tilla, Pin-799205, Age 52 years.
10. Swapan Kalai, EE, S/O- Lt. Sambhu Kumar Kalai, Near Indra Kalai Para,
Brahmachara, Teliamura, Pin-799205, Age- 49 years.
11. Sri Abhimunya Kalai, EE, S/O. Lt. Biswamani Kalai, Vill-Karkari,
Howaibari, Teliamura, Khowai Tripura, Pin-799205, Age- 50 years.
12. Sri Huanhnehliana Darlong, EE, Betcherra, Kumarghat, Unokoti Tripura,
Age- 51 years.
13. Sri Manoranjan Debbarma, EE. S/O. Tirendra Debbarma, Puniram Thakur
Para Golaghati, Sepahijala Tripura, PIN-799102, Age-50 years.
14. Sri Hiranmoy Chakma, EE, S/O. Lt. Kshetramohan Chakma, 516 N.H 44A,
Near Manu Railway Station, Hospital Para, Manughat, Dhalai Tripura, Age- 54
years.
15. Sri Sushanta Chakma, EE, S/O. Lt. Mangala Kanta Chakma, House
No.111, Sukanta Palli, Pabia Chara, Kumarghat, Unokoti Tripura, Pin-799264,
Age- 57 years.
16. Sri Rati Ranjan Debbarma, EE, S/O. Lt. Takhiroy Debbarma, Abhicharan
Para, P.O.- Barakathal, P.S.- Sidhai, West Tripura, Pin-799211, Age- 49 years.
17. Sri Nihar Ranjan DebBarma, EE, S/O. Lt. Tarun Kumar Debbarma,
Purbaramnagar, Kamalghat, Mohanpur, West Tripura, Pin-799210, Age-54 years.
18. Sri Parba Kr. Tripura, Sonai, Sabroom, South Tripura, Age 55 years.
19. Sri Basijoy Hrangkhawl, S/O. Dasarath Kumar Hrangkhawl, Rangamura,
Babomani Para P.S.- Teliamura, West Tripura, Pin-799205, Age - 50 years.
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20. S.N. Salka Jamatia, S/O. Sri Nakshatra Roy Jamatia, 70804, Ward no-7,
Near Hindi School, Abhoynagar, West Tripura-799005, Age-48 years.
                                                        ......... Petitioner(s).
                                 VERSUS
1. The State of Tripura, Represented by the Secretary, Public Works
Department, Government of Tripura, Agartala.
2. The State Government of Tripura, represented by Chief Secretary,
Government of Tripura, Secretariat complex, Agartala, Tripura.
3. The Chief Engineer, PWD, (R & B), Government of Tripura. Secretariat
complex, Agartala, Tripura.
4. The Deputy Secretary, PWD, Government of Tripura, Secretariat complex,
Agartala, Tripura.
5. Shri Subrata Deb Sarkar, Kamalpur Division, PWD (R & B), Kamalpur,
Dhalai, Tripura.
6. Smti. Maitreyee Majumder, WR Investigation Division, PWD(WR),
Kunjaban, Agartala, Tripura.
7. Shri Debabrata Debbarma, Agartala Division No.V. PWD(R & B), Agartala,
Tripura.
8. Shri Kingshuk Sarkar, PMGSY, Kumarghat, Unakoti, Tripura.
9. Shri Sena Charan Jamatia, NH Division, Baikhora, South Tripura.
10. Shri Subrata Roy, Deputy Secretary & Engineering Officer-III, PWD,
Secretariat Complex, Agartala, Tripura.
11. Smti. Ruma Das, DWS Circle, Ghorkha Basti, Agartala, Tripura.
12. Shri Rajib Paul, Deputy Secretary & Engineering Officer-ll, PWD,
Secretariat Complex, Agartala, Tripura.
                                                        .........Respondent(s).

For Petitioner/Applicant(s) : Mr. Anthony Debbarma, Advocate. For Respondent(s) : Mr. Mangal Debbarma, Addl. G.A.

HON'BLE THE CHIEF JUSTICE MR. M.S. RAMACHANDRA RAO

Order 25/03/2026

Notice to respondents.

Mr. Mangal Debbarma, Addl. Government Advocate, accepts

notice for respondents No.1 to 4.

Heard counsel for both the parties.

Counsel for the petitioners contends that vide the impugned order

dt.13.02.2026 the private respondents in the Writ Petition have been given Full

Duty Charge of the higher post of Superintending Engineer (i) though they are

juniors to the petitioners, (ii) without indicating for what period of time such

Full Duty Charge will be maintained, and (iii) without they also indicating

when regular promotions will be made.

He also contends that in a Memorandum dt.24.09.2020 issued by

the State Government, there is a reference to giving Full Duty Charge of higher

post to officers on the basis of their eligibility, suitability and seniority, but

ignoring seniority, the impugned order has been passed giving the unofficial

respondents Full Duty Charge.

The Addl. Government Advocate has placed on record an

instruction issued by the Joint Secretary, PWD contending that order to ask any

officer to hold Full Duty Charge of a higher post is not a promotion and it is

only an administrative arrangement of temporary in nature and that as and when

regular promotion takes place and post is no longer available, the officer will

continue to hold his original post. This, according to the Addl. Government

Advocate, is also contained in the Memorandum dt.24.09.2020.

He further contends on the basis of the instructions that the word

"seniority" is used in the Memorandum dt.24.09.2020 after the words

"eligibility" and "suitability"; that the State Government had ordered holding of

officiating post to suitable candidates who have got ad-hoc promotion in the

post of Executive Engineer on 17.08.2021, and that all the petitioners and the

private respondents had become Executive Engineer, TES Grade-III on

17.08.2021. It is, therefore, stated that the question of seniority does not arise.

Countering the same, the Counsel for the petitioners has brought to

my notice the Memorandum dt.03.06.2015 indicating the Final Seniority List of

TES Grade-IV (Civil) under the Public Works Department as on 13.04.2015.

He contended that in that seniority list, the petitioners are shown as seniors to

the private respondents and that there is no subsequent seniority list in

Executive Engineer, TES Grade-III. He contends that even in the cadre of

Executive Engineer, the seniority would normally be the same.

Prima facie, I agree with the contention of the counsel for the

petitioners that seniority aspect cannot be ignored even as per the Memorandum

dt.24.09.2020 for giving Full Duty Charge of the higher post of Superintending

Engineer; and that the seniority inter se between the petitioners and the private

respondents in TES Grade-IV would continue unless a separate seniority list of

TES Grade-III had been notified subsequently changing the inter se seniority.

More importantly, in the Memorandum dt.24.09.2020, it is recited

that there is a complete ban on promotions by the Supreme Court. This is

factually incorrect because no order of Supreme Court banning promotions has

been placed before me by the respondents No.1 to 4.

When the respondents No.1 to 4 are not even informing to this

Court when the regular process of promotion would be conducted, it appears

that the Full Duty Charge is being given to the private respondents for an

indefinite period (and not for a short period) overlooking the seniority aspect,

which is also prima facie not permissible.

Therefore, there shall be stay of the notification dt.13.02.2026 to

the extent it grants Full Duty Charge of the posts of Superintending Engineer to

the private respondents.

List the matter on 06.05.2026.

                                             (M.S. RAMACHANDRA RAO, CJ)



Pulak


PULAK BANIK            Digitally signed by PULAK BANIK
                       Date: 2026.03.26 16:32:07 +05'30'