KAJAL KANTI SINHA Vs. STATE OF TRIPURA & OTHERS

JUDGEMENT

(1.) Shri Kajal Kanti Sinha filed two writ petitions against the State and other private respondents challenging the appointment of Shri S. Nag as Chief Engineer and also the decision of the Government to fill up two posts of Chief Engineer by SC/ST candidates. Both the writ petitions are disposed of by this common judgment and order.

(2.) In Civil Rule No. 536 of 1995, the petitioner stated that the petitioner is senior to respondents No. 5 and 6 in the Grade of Superintending Engineer. It is further stated that as per provisions of the Tripura Engineering Service Rules, 1987 the posts of Chief Engineer, Additional Chief Engineer and Arbitrator are in Grade-I of the service and all these posts are to be filled up by selection from amongst the Superintending Engineers who have completed five years of regular service in the Grade of Superintending Engineer. It is further stated that the Government is taking steps for filling up two posts of Chief Engineer by Scheduled Castes and Scheduled Tribes candidates depriving the petitioner. Consequently the petitioner filed a representation on 7.11.1995 to the Chief Engineer-cum-Secretary of the Public Works Department, Government of Tripura for considering his case for promotion to the post of Chief Engineer. But his representation yielded no result. It is further staled that according to the Central Government circular there can not be reservation in Group-A post. Consequently the State respondent can not make any reservation for promotion to the posts of Chief Engineer, which are in Group-A. It is also stated that the State respondent is making discrimination in different services in so far it relates to reservation in promotions. It is stated that in Tripura Civil Service or in Tripura Forest Service the Govt. do not follow reservation while filling up the posts in Group-A. But in case of Tripura Engineering Service Government is following the reservation policy and therefore, the members of the Tripura Engineering Service are being discriminated from Tripura Civil Service and Tripura Forest Service Officers. It is also alleged that the Govt, is not constituting the D.P.C. every year to prepare panel for promotion to higher Grade. As a result the petitioner though became eligible long back has not yet been promoted in the post of Chief Engineer or Additional Chief Engineer. It is further stated that in the Tripura Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1991 there is a provision to exempt certain categories of posts from reservation and this has been done with a view to maintain efficiency in the administration. But in spite of such enabling power the Government is not invoking the provision regarding exemption of Engineering Services which are technical posts and as a result the efficiency of the Tripura Engineering Service has been deteriorated. In 1996 the State respondent by a Memorandum dated 19.1.1956 (Annexure-11) made a general relaxation in regard to the qualifying period of service for promotion in case of Scheduled Castes and Scheduled Tribes candidates and the qualifying service for promotion has been reduced by two years for the post requiring eligibility period of live years or more and by one year for the posts requiring qualifying period of less than five years. On the basis of the aforesaid Memorandum (Annexure-11) the State respondent has taken steps to promote respondents No. 5 and 6 to the post of Chief Engineer against reserved quota meant for Scheduled Castes and Scheduled Tribes candidates. It is further stated that Rule-6 of the Tripura Engineering Service Rules, 1987 clearly provides that a Superintending Engineer will be eligible for promotion as Chief Engineer or Additional Chief Engineer, who has completed five years of service in the Grade of Superintending Engineer on regular basis. It is stated that respondents No. 5 and 6 have not yet completed five years of regular service and they are on ad-hoc appointment and therefore, the post of Chief Engineer or additional Chief Engineer can not be filled up by respondents No. 5 and 6, who belong to Scheduled Castes category. The petitioner further stated that if the State respondent promotes the respondents No. 5 and 6 taking the aid of general relaxation of qualifying service in pursuance of Annexure-11, the same is liable to be quashed.

(3.) The State respondent has tiled a counter affidavit in which they have denied all the allegations made by the petitioner. It is stated in the counter affidavit that in Tripura Govt, services the reservation is followed in accordance with the provisions of the Tripura Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1991 and the rules made thereunder. It is further stated that the Central Government instruction regarding filling up of Group-A posts are not being followed by the State respondent in view of the provisions of the SC and ST Act, 1991. It is also stated that the Central Government instruction regarding filling up of Group-A posts has not been adopted by the State Government and therefore, said Central Govt, instructions are not followed in the Slate Government services, it is also denied by the Slate respondent that in Tripura Civil Service and in Tripura Forest Service the reservation policy is not being followed in promotions. It is also stated that in the Tripura Civil Service Rules and in the Tripura Forest Service Rules there is no express provision whether reservation will apply in case of promotion from Grade-II to Grade-I of the said service. A writ petition has also been filed on the said controversy which has been registered as Civil Rule No. 454 of 1994 and the said Civil Rule is still pending before the High Court. As regards exemption of certain services from the operation of the Tripura Scheduled Castes and Scheduled Tribes Act, 1991, it is stated that the Government is making de-reservation for filling up the reserved vacancies by general candidates and if the State respondent considers it necessary, exemption will be made in respect of any class or category of posts. But till now the Government did not find it necessary to exempt any service or post from the operation of the Tripura Scheduled Castes and Scheduled Tribes Act, 1991. As regards the constitution of regular D.F.C., it is stated that due to various administrative difficulties D.P.C. could not meet every year. It is, however stated that the last D.P.C. held its meeting on 22nd May, 1996 for considering the promotion in one post of the Chief Engineers.