SUBRATA DEB BARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By the aforesaid two writ petitions, the petitioners seek for a writ or order directing them to be exempted from participating a departmental examination and also releasing their increments and also for a direction that the petitioners shall be deemed to be confirmed on completion of period of probation.

(2.) Case of the petitioners in W.P.(C) No. 35 of 2000. The petitioners have been appointed in the Grade-II of Tripura Civil Services by promotion vide Notification No. F.2(1)-GA/90(iii) dated 6/7/1991 and put under probation for two years. They were allowed the annual increments up to 6th stage i.e. upto 1997. Thereafter, their annual increment has been with-held without assigning any reason whatsoever. On the plea of non-passing the departmental examination, the authority with-held the said increment. The petitioners' initial promotion order prescribed for two years probation but that has never been extended and, as such, on completion of two years probation the petitioner became automatically confirmed. The condition of departmental training and examination is subject to exemption and the petitioner cited three examples where the Government exempted some incumbents from training and departmental examination. These are available under order dated 21.1.1985. These relates to three incumbents, namely, Shri Bhagirath Reang, Shri Manik Lal Reang and Shri Pallab Deb Barma. The Government was pleased to exempt the aforesaid three incumbents holder of T.C.S. Grade-II post from appearing at the departmental examination, vide notification dated 8.1.1986 as many as 35 T.C.S. Grade-II officers were exempted from passing the departmental examination. Vide order dated 12.8.1985 as many as 57 T.C.S. officers are exempted from appearing in the departmental examination. SJome of the petitioners have already attained the age of 55 years and having referred the examples of having allowed exemption the petitioners made representation to the authority on 28.11.1998 for releasing their increments. Since the petitioners have already completed two years of probation and during that period no extension of probation was ordered, no adverse comments had been communicated to them, they should be deemed to have been confirmed on completion of 2 years service and, as such, they cannot be asked to go for training or departmental examination and, as such, according to the petitioner with-holding of their increments and non- confirmation of their service appear to be illegal, arbitrary and, as such, they sought for the relief as has already been mentioned. Case of the petitioners in W.P.(C) No. 198 of 2000. The petitioners of the aforesaid case, have been appointed in the Grade-II of Tripura Civil Service on promotion vide Notification No. 2(15)-GA/94 dated 29.8.1995. In their appointment letter there is a clause appended that they would be 2 years for probation. During their probation period they had never communicated with any adverse comments nor their probation period was extended and, as such, they completed their probationary period successfully and as such, they shall be deemed to be confirmed. The petitioners got annual increment upto the year 1957 and, thereafter, their annual increment was with-held without any reason whatsoever. On previous occasion more than once the authority exempted so many T.C.S. Grade- II officers from departmental examination so many officers had been declared confirmed. The petitioners furnished a list of such officers who were exempted from appearing in departmental examination vide notification dated 8.1.1996. The petitioners sought for a writ of mandamus directing to release of their increments and also declaring them to have been confirmed.

(3.) In both the cases the State respondent filed counter contending, inter alia, that as per Rule 20 of Tripura Civil Services (Training and Departmental Examination) Rules, 1975 (hereinafter called the 'Rules, 1975') they are to undergo training and to pass departmental examination in order to get their second increment released pursuant to Rule 15 and Rule 20 of the aforesaid Rules, 1975. In terms of Rule 21 of Tripura Civil Service Rules, 1967 every incumbent appointed as per Tripura Civil Service Grade-II must remain on probation for a period of 2 years and that period is subject to extension or reduction as the case may be by order of the Governor and pursuant to Rule 22 of Tripura Civil Service Rules, a person appointed under Grade-II of Tripura Civil Service, must undergo such training and pass during the period of probation of such departmental examinations as the Government may from time to time prescribed and only on satisfactory completion of the period of probation one may be confirmed by the Government pursuant to Rule 23 of the aforesaid Rule.