Tripura High Court
Debabrata Acharjee And Anr vs State Of Tripura And Ors on 13 August, 2018
Author: S. Talapatra
Bench: S. Talapatra
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HIGH COURT OF TRIPURA
AGARTALA
Review Pet No.38 of 2018
Debabrata Acharjee and Anr.
----Petitioner(s)
Versus
State of Tripura and Ors.
----Respondent(s)
For Petitioner(s) : Mr. B. N. Majumder, Adv. For Respondent(s) : Mr. D. Sharma, Addl. G.A. HON'BLE MR. JUSTICE S. TALAPATRA Order 13/08/2018 In the course of the hearing Mr. D. Sharma, learned Addl. G.A. has drawn notice of this court to paragraph-6 of the reply filed in this review petition, where it has been categorically stated that the person who have completed 17(seventeen) years of service in the cadre shall be moved to the next post of Demonstrator (Seri). In the para-18 of their counter-affidavit filed in the W.P.(C) No.64 of 2014, the similar stand was taken by the respondents. But in the said paragraph-6 the following statement has been made:
"...due to typological mistake Demonstrator (Seri) is written instead of Jr. Demonstrator (Seri)."
This creates confusion and Mr. B. N. Majumder, learned counsel appearing for the review petitioners has pointed out to that aspect of the matter. Mr. Majumder, learned counsel has pointed out to another aspect that the petitioners were never moved to the grade of Demonstrator (Seri). Even he has expressed his doubt about the existence of such post in the department.
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On query Mr. D. Sharma, learned Addl. G.A. has submitted that on completion of 7(seven) years of service in the grade of Junior Demonstrator, the Officers are moved to the next grade of Demonstrator (Seri).
The court having confronted with this conflicting build-up in the court, considers its appropriate to ask for the written instruction from the respondents. Hence, the instruction on the following points to be obtained:
(i) Whether the petitioners are moved to the post of Demonstrator (Seri) on completion of their seven years of service in the grade of the Junior Demonstrator (Seri)? and
(ii) Whether the post of Junior Demonstrator (Seri) and Demonstrator (Seri) do exist in the department as Mr. B. N. Majumder, learned counsel has expressed some doubt about the manning of these posts by the department?
Mr. D. Sharma, learned Addl. G.A. shall take the instruction by 14.08.2018 positively as this matter is rolling at the instance of the respondents for long time.
List this matter on 14.08.2018.
JUDGE Moumita