Decided on January 03,2019

Ajoy De Appellant


SANJAY KAROL,J. - (1.)The petitioners have prayed for the following reliefs:
"(i) issue notice upon the respondents to show cause as to why the impugned "Final seniority list" (as on 26-4-2013) vide Memorandum dated 04- 07-2013 would not be set aside;

(ii) Show cause as to why the promotion of the respondents no.3 to 8 to the posts of Senior Information Officers from the posts of Information and Cultural Officer under the respondents no.-2 would not be quashed;

(iii) show cause as to why the promotion of the respondents no.3 to 8 to the posts of Assistant Director from the posts of Senior Information Officer by way of accelerated promotion and following the principle of consequential seniority in promotion would not be declared as void abinitio and non est;

(iv) Issue an appropriate Writ or Direction upon the respondent Nos.1 and 2 to show cause as to why the impugned "?Final seniority list"? vide Memorandum dated 04-07-2013 will not be set aside and publish a fresh seniority list considering the seniority of the petitioners vis -vis the respondents no.-3 to 9 on the basis of their first appointment vide Memo dated 19th December, 1998 (Annexure P/1) or the Final seniority list dated 19-12-2002 as on 31-10-2002 (ANNEXURE- 5 Series); AND

(v) After hearing the parties, make the rule absolute; AND

(vi) In the meantime, stay the operation of the impugned seniority list of S.I.O. vide Memo dated 04-07-2013 and not to fill up the 1 post of Assistant Director under the respondent Nos.1 and 2 till disposal of the writ petition; AND

(vii) Pass such other order/orders as this Hon"?ble Court may deem it fit and proper."

(2.)After the matter was heard for some time, learned counsel for the parties agreed for disposal of the present petition on the following mutually agreed terms:-
(a) It shall be open for the State to carry out and complete the process of filling up the vacancies of Assistant Director, Group-B/any other post in terms of the existing Rules;

(b) This, however, shall be subject to the outcome of the decision which may be rendered by Hon"?ble the Supreme Court of India in Special Leave to Appeal (C) No.19765- 19767/2015, titled as State of Tripura and others etc. etc. vs. Jayanta Chakraborty and others, preferred by either of the parties assailing the judgment rendered by this Court;

(c) All concerned shall be notified such fact;

(d) The judgment rendered by the Apex Court shall be implemented in letter and spirit within a period of 2(two) months from the date of such decision;

(e) The liberty reserved to the writ petitioners/parties to agitate the surviving grievances, if any, on the same and subsequent cause of action;

In view of the same, the present petition stands disposed of.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.