- (1.) Heard Mr. S. Talapatra, learned senior counsel, assisted by Ms. J. Bhusan, learned Counsel for the Petitioner and Mr. B. Datta, learned Counsel representing for the State Respondents.
(2.) In this writ petition, the Petitioner has challenged the Memorandum No. F.3(2)-DSWE/ESTT/98 dated 19.03.1999, issued by the Director, Social Welfare & Social Education, Tripura, by which the Respondent Nos. 3 and 4, who are junior to the Petitioner in the seniority list of Anganwadi Workers, have been promoted to the post of Junior Social Education Organizer (Group-C). The Petitioner has prayed for issuing a direction to the Respondent Nos. 1 and 2 for her promotion to the post of Junior Social Education Organizer (Group-C) with effect from the date on which the Respondent Nos. 3 and 4 have been promoted in the said posts.
(3.) The facts, leading to filing of this writ petition, may be summarized, in brief, as follows: The Petitioner was appointed as Anganwadi Worker by the Respondent No. 2 under the Integrated Child Development Scheme w.e.f. 10.12.1980 and since then the Petitioner has been discharging her duties in the said capacity with full devotion and entire satisfaction of the authorities concerned. The Petitioner belongs to the Schedule Caste community being the member of Mahishya Das Community. The final seniority list of the Anganwadi Workers, working together with the Petitioner, was published on 25.06.1996, showing the caste status and also the dates of entry in service of the concerned employees. The Petitioner has been declared as Madhyamik examination passed as per the Government decision, as she could not come successful in the Higher Secondary Examination in the year 1997. In the meanwhile, the Governor of the State in exercise of powers under Article 309 of the Constitution of India notified the Recruitment Rules for the post of Junior Social Education Organizer/Junior Social Education Organizer(Female) (hereinafter Recruitment Rules, 1997) under the Education Department, Government of Tripura which was published on 14.02.1997, The Recruitment Rules, 1997 is extracted herein below, for the sake of convenience: No.F.11(17)-DSWE/ESTT/89 Government of Tripura Education Department (Social Welfare & Social Education) Dated, Agartala, the 14th Feb, 1997. NOTIFICATION In exercise of powers conferred by the provision to Article 309 of the Constitution of India, the Governor, Tripura has been pleased to make rules in the Schedule here to annexed regarding the method of recruitment and qualification necessary for appointment to the post of Junior Social Education Organisor/Junior Social Education Organisor(Female) under Education Department (Social Welfare & Social Education). By order of the Governor, Sd/- 14.02.1997 (S.Sailo) Joint Secretary, Govt. of Tripura Copy to: 1. The Manager, Tripura Govt. Press, Bordowali, Agartala for publication of the same in the next issue of Tripura Gazette. 2. All Departments. 3. All Head of Departments, 4. All Head of Offices. RECRUTIMENT RULES FOR THE POST OF JUNIOR SOCIAL EDUCATION ORGANISERS/JUNIOR SOCIAL EDUCATION ORGANISERS(FEMALE) UNDER EDUCATION DEPARTMENT GOVERNMENT OF TRIPURA 1. Name of post: Junior Social Education Organisor/Junior Social Education Organisor(Female). 2. Number of Posts: 1508 (plus additional posts as and when created). 3. Classification: Group-C(non-Gazetted). 4. Scale of Pay: Rs. 970-40-1290-45-1650-50-2400/-subject to revision by Govt. from time to time. 5. Whether selection post or: Non-selection. Non-selection post 6. Age limit for direct: Maximum 37 years relasable by 5 years in Recruitment case of SC/ST candidates, Government Servants and Inmate of Children Home (Boys/Girls) State Orphanage for Boys/ Girls/Stae Mahila Ashram/State Home for Destitute Woman. 7. Educational and other: Essential qualification required Madhyamik passed or equivalent for direct recruitment (Relaxable upto Madhyamik plucked for SC/ST Candidates) Desirable a) Experience in Social Work/Social Education/Pre-primary Education. b) Knowledge of Bengalil/Kakbarak. 8. Whether age and Educa-: Age - No. 9. Period of Probation, if any: Two years. 10. Method of recruitment: Direct Recruitment. 11. In case of recruitment by: By promotion - 10% from school mother/ 12. If a DPC exists what is: By Group-C (Non-Gazetted) DPC Its composition. 13. Circumstances in which: As required under TPSC-(Exemption from TPSC is to be consulted. Consultation) Regulations, 1973. 14. Savings: Nothing in these rules shall effect reservation and concessions required to be provided for other society categories of persons attendance with the Central/State time to time in this regard. 15. Repeal: The existing recruitment for the post of Jr. Social Education Organisers/Jr. Social Education Organisers(Female), Notified by the Govt. under Education Department No. II(SWE-17)/80 dt.;