MITHUN SARKAR Vs. STATE OF TRIPURA
LAWS(TRIP)-2021-3-6
HIGH COURT TRIPURA
Decided on March 01,2021

Mithun Sarkar Appellant
VERSUS
STATE OF TRIPURA Respondents

JUDGEMENT

ARINDAM LODH,J. - (1.) Heard Mr. P. Roy Barman, learned senior counsel assisted by Mr. K. Nath, learned counsel appearing for the petitioners. Also heard Mr. M. Debbarma, learned Addl. G.A. appearing for the respondents- State.
(2.) By means of filing this writ petition, the petitioners have prayed for the following reliefs: '(i) 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 letter dated 20.01.2017 issued by the Deputy Inspector General of Police, AP (Adm and Trg); AND (ii) 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 appoint the petitioners in the post of Havildar (Clerk) in terms of select list prepared by the Selection Board in the year, 2011 when vacancies in the post of Havildar (Clerk) are filled up. AND (iii) Call for the records pertaining to the instant writ petition from the custody of the respondents and to make the rule absolute. AND (iv) Make the Rule absolute AND (v) After hearing both the parties pass order/orders as this Hon'ble High Court considered fit and proper'
(3.) Outlining the relevant facts, in brief, the petitioners have been serving as Rifleman (GD) under Tripura State Rifles [TSR, for short]. Their services were governed by pre-amended TSR (Recruitment) Rules, 1984 vide Rule-37(1) provided that, the post of Havildar (Clerk) shall be filled up by transfer from amongst the general duty Havildar failing which from amongst Naiks, failing which from amongst Lance Naiks and failing which from amongst Riflemen, who- (a) Are willing for such transfer; (b) Have passed at least matriculation or an equivalent examination; (c) Posses minimum speed of 30 words per minute in English typing; (d) Have put in at least 2 years service in the Rifles; and (e) Have been approved for such transfer by the Deputy Inspector General. ;


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