S.C.DAS, J. - (1.) By filing this writ petition the petitioners challenged the order of promotion of private respondent Nos. 4 to 14 to the post of Lance Naik Driver in the Tripura State Rifles (TSR) and also prayed for cancelling/quashing office order dated 03.08.2004 (Annexure -R/3 to the counter affidavit) of respondent Nos. 1, 2 and 3.
(2.) Heard learned senior counsel. Mr. S.M. Chakraborty, assisted by learned counsel. Ms. B. Chakraborty for the petitioners, learned counsel, Mr. J. Majumder for the State Respondents Nos. 1, 2 and 3 and learned counsel, Mr. D.C. Nath for the private respondent Nos. 4 to 11 and 14.
(3.) The petitioners and private respondent Nos. 4 to 14 joined TSR in the post of Rifleman (General Duty)[(for short, Rifleman (GD)]. It is an admitted position that the respondents joined the post of Rifleman (GD) before the petitioners and as such were senior in service in the post of Rifleman (GD). It is the case of the petitioners that they were recruited to the post of Rifleman (Driver) from the post of Rifleman (GD) on their completion of the Driving and Maintenance Course(for short DM course) and on their fulfilment of other qualifications as required under the rules. The private respondent Nos. 4 to 14 completed the DM course much later than the petitioners but the private respondents have been promoted to the post of Lance Naik Driver ignoring the seniority position of the petitioners in the post of Rifleman (Driver) and also ignoring the pro visions prescribed under the rules and, hence, the petitioners challenged the promotion order of private respondents.;