Decided on January 19,2021

Saswati Acharyya Respondents


Akil Kureshi, J. - (1.) These appeals are filed by the State Government and original respondent No.4 of WP(C) No.120 of 2014 to challenge the judgment of the learned Single Judge dated 26.08.2016 by which the writ petition filed by the original petitioner Smti. Saswati Acharyya came to be allowed.
(2.) Brief facts are as under: The original petitioner Smti. Saswati Acharyya joined the Department of Science, Technology and Environment, Government of Tripura as a Scientific Assistant on 09.03.1990. The respondent No.4, Sri Bipul Mallik who was a Scheduled Caste candidate joined as a Scientific Assistant on 22.12.1997. Admittedly, thus Smti. Saswati Acharyya was senior to Sri Bipul Mallik. They were accordingly shown at Sl. Nos.1 and 3 respectively in the seniority list of the Scientific Assistants published by the department on 29.11.2013.
(3.) Prior to the year 2013 from the post of Scientific Assistant there was no promotional avenues. In the Department of Science, Technology and Environment two higher posts carrying identical pay scales of Project Officer and Research Officer existed. In each of these cadres there was only one sanctioned post. Both these posts till the year 2013 would be filled up by direct recruitment from the eligible candidates. Recruitment rules for these posts were separate. In the year 2013 in order to make promotional avenues available to the Scientific Assistants, the recruitment rules for both these posts were amended providing that 50% of the posts would be filled up by promotion failing which by transfer on deputation and 50% by direct recruitment. The qualifications required for direct recruitment as well as promotion for both these posts were identical and which read as under: 'For direct recruitment: (i) 1st class Bachelor's degree in Engineering (Civil/Mechanical/Electrical/Electronics/Computer Science Engineering) from AICTE approved Institution or 1st Class Master's degree in Science (Zoology/Botany/ Physics/ Chemistry/Biotechnology) from recognized University. (ii) At least 5 (five) years working experience in any State Government/Central Government/Other reputed organization in a pay scale not less than Rs.9570-30000/-. Desirable:-Knowledge in computer application. For promotion: From the post of Scientific Assistant with experience of at least 5 (five) years in the grade. Transfer on deputation: From the analogous posts of the State/Central Government having requisite qualification and experience prescribed for direct recruitment.' ;

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