Decided on September 26,2019

Apu Deb Appellant
State Of Tripura And 10 Ors. Respondents


S. Talapatra, J. - (1.)Heard Mr. Somik Deb, learned counsel appearing for the petitioner as well as Mr. D. Bhattacharjee, learned G.A. and Mr. D. Sarkar, learned counsel appearing for the respondents No.6 to 11.
(2.)This is the second round of litigation by the petitioner. Earlier by filing the writ petition, being WP(C) 247 of 2017 [Apu Deb v. State of Tripura and Ors.], accuracy of the measurement of height as taken by the competent authority, was questioned. By the judgment dated 22.09.2017, this court directed the competent authority to take fresh measurement in order to rule out any confusion from the mind of the petitioner and the another writ petitioner, namely Shri Subham Bhowmik who filed the writ petition being WP(C) 248 of 2017. The said writ petition was dismissed and decided by the common judgment dated 22.09.2017.
(3.)In compliance to the said direction, the competent authority arranged for taking the fresh measurement of the petitioner. In Para-6 of the reply filed by the official respondents, it has been stated that the fresh measurement of the petitioner and 6 other private-respondents were taken on 25.11.2017. After the fresh measurement was taken, it was found that out of seven terminated Firemen, except the petitioner, the other had required height as per rule. 167 cm is the required height for UR category candidates, whereas the petitioner's height was found only 163.2 cm. The persons whose height were re-measured had requisite height of 167 cm. Hence, their order of termination was revoked and they had been reinstated in the service. The competent authority recommended the name of the petitioner for relaxation, but the Government has denied to have relaxed the height.

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