Tripura High Court
Sri Biplab Paul vs The State Of Tripura Represented By The ... on 10 January, 2019
Bench: Sanjay Karol, Arindam Lodh
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HIGH COURT OF TRIPURA
AGARTALA
WP(C) No.321/2005
1. Sri Biplab Paul,
2. Sri Sukumal Bhattacharjee,
3. Sri Ashim Chakraborty,
4. Sri Tapan Roy,
5. Sri Manik Lal Sarkar,
6. Sri Asit Bhowmik,
7. Sri Amitava Gupta.
All Executive Engineers serving under the Public Works
Department, Govt. of Tripura.
....... Petitioner(s).
-Versus-
1. The State of Tripura represented by the Secretary to the
Government of Tripura in the Department of Public Works,
Agartala, West Tripura.
2. Secretary to the Government of Tripura in the Department of
General Administration (Personnel and Training) Department,
Government Secretariat, Agartala, West Tripura.
3. Sri Somesh Chandra Das, Superintending Engineer, Circle-III,
PWD, Udaipur.
4. Sri Dipak Chandra Das, Superintending Engineer Monitoring Cell
(PHE), Kunjaban, Agartala.
5. Sri Bisu Kumar Debbarma, Superintending Engineer, PHE,
Circle-II, Ambassa, Dhalai.
6. Sri Sankar Chandra Das, Superintending Engineer, PWD Circle-
II, Agartala.
7. Sri Animesh Das, Executive Engineer, PWD, Division No-V,
Netaji Chowmuhani, Agartala,
8. Smti. Sanchayita Das, Executive Engineer, Planning Circle-III,
Udaipur, South Tripura.
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9. Sri Ratan Kumar Sarkar, Executive Engineer now in the Office of
the Superintending Engineer, PHE, Circle-II, Ambassa, Dhalai.
10. Sri Amar Kumar Das, Executive Engineer, PWD, Division-II,
Agartala.
11. Sri Rajib Debbarma, Executive Engineer, PHE, Division-VI,
Bishalgarh, West Tripura.
12. Sri Rabirai Reang, Executive Engineer in the office of the
Superintending Engineer, PWD Circle-IV, Agartala, West Tripura.
---- Respondent(s)
Along with WP(C) No.109/2011
1. Sri Pankaj Chakraborty, Son of Sri Prasanta Chakraborty, Now posted as Sub-Divisional Magistrate, Sonamura, West Tripura.
2. Smti. Aditi Majumder, Wife of Sri Indraneel Bhowmik, Now posted as Sub-Divisional Magistrate, Kailashahar, North Tripura.
3. Sri Nripendra Chandra Sharma, Son of Late Bipin Sharma, Now posted as Sub-Divisional Magistrate, Khowai, West Tripura.
4. Md. Moslem Uddin Ahmed, Son of Late Charu Miah, Now posted as Sub-Divisional Magistrate, Sadar, West Tripura.
....... Petitioner(s)
-Versus -
1. The State of Tripura, Represented by the Principal Secretary to the Government of Tripura, General Administration (Personnel & Training) Department, Secretariat Complex, P.O.-Kunjaban, Agartala-799006, West Tripura.
2. The Principal Secretary to the Page - 3 of 14 Government of Tripura, General Administration (Personnel & Training) Department, Secretariat Complex, P.O.-Kunjaban, Agartala-799006, West Tripura.
3. Tripura Public Service Commission represented by the Secretary at Tripura Public Service Commission Building, Akhaura Road, P.O. Agartala-799001, West Tripura.
4. Sri Bimal Reang, S/O. Late Khachandra Reang of Village-Kalma, P.O.-Muhuripur, P.S.-Baikhora, Dist.-South Tripura.
5. Sri Ratan Biswas, S/O. Sri Premananda Biswas of Village-Bairagipara, P.O.-Ishanpur, P.S.- Sidhai, Dist.-West Tripura.
6. Sri Usa Jen Mog, S/O. Sri Mongsajai Mog, Bhagaban Thakur Chowmuhani, North Banamalipur, Agartala, P.O.-Agartala, P.S.-East Agartala, Dist.-West Tripura.
---- Respondent(s) Along with WP(C) No.189/2011
1. Shri Jayanta Chakraborty, S/O. Joydev Chakraborty, A.K. Road, Ramnagar, Agartala.
2. Shri Bhanupada Chakraborty, S/O. Lt. Ram Ch. Chakraborty, Resident of Vill. Netajinagar, PS and PO-Teliamura, Tripura.
3. Smt. Sudeshna Bhattacharjee, D/O. Sri Satyabrata Bhattacharyya, Ramnagar Rd. no-10, Agartala.
....... Petitioner(s)
- Versus -
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1. The State of Tripura, (Represented by the Chief Secretary to the Govt. of Tripura), Agartala.
2. The Principal Secretary to the Govt. of Tripura, GA (P&T) Department, Agartala.
3(A). The Secretary to the Govt. of Tripura, SC, OBC & Minority Welfare Department, New Capital Complex, Agartala-799006.
3(B). The Commissioner and Secretary to the Govt. of Tripura, Tribal Welfare Department, New Capital Complex, Agartala-799006.
4. Shri Dilip Roy, (SC), TPS.
5. Shri Nagendra Debbarma (ST), TPS.
6. Shri Bijoy Debbarma (ST), TPS.
7. Shri Lalhruaia Darlong (ST), TPS.
8. Shri Dilip Debbarma (ST), TPS.
9. Shri Timir Das (SC), TPS.
10. Shri Hmangai sunga Darlong (ST), TPS.
11. Shri Manik Das (SC), TPS.
All respondents from 4-11, C/O. Head of the Police Department, Govt. of Tripura, Agartala, Tripura, Pin:-799001.
........ Respondent(s)
12. The Tripura Public Service Commission, Represented by its Secretary, Akhaura Road, Agartala, PIN-799001.
........ Proforma Respondent(s) Along with WP(C) No.124/2012
1. General Officers & Employees Welfare Society, A Society, registered under the Societies Registration Act, 1860, having office at Page - 5 of 14 Old Kalibari Lane, Krishnanagar, P.O.-Agartala, P.S.-West Agartala, Sub-Division-Agartala, District-West Tripura, represented by its Secretary, having his office thereat.
2. Sri Subrata Chakraborty, Son of Sri Heramba Chakraborty, resident of Jogendranagar, P.O.-Jogendranagar, P.S.-East Agartala, District-West Tripura, Holding the post of Superintendent of Police (Traffic), TPS Grade-II.
3. Smt. Samita Bhattacharjee, Wife of Dr. Ramendu Kumar Bhattacharjee, Resident of Stadium Link Road, Milanchakra, P.O.-Arundhuti Nagar, P.S.-West Agartala, District-West Tripura, Holding the post of Head Clerk, and posted in the Department of Welfare for Scheduled Tribes, Government of Tripura.
....... Petitioner(s)
- Versus -
1. The State of Tripura, Represented by the Chief Secretary, Government of Tripura, in the General Administration (Personnel & Training) Department, having his office at New Secretariat Complex, Gurkhabasti, P.O.-Kunjaban, P.S.-East Agartala, District-West Tripura.
2. The Secretary, Department of Welfare of Scheduled Caste, Government of Tripura, having his office at New Secretariat Complex, Gurkhabasti, P.O.-Kunjaban, P.S.-East Agartala, District-West Tripura.
3. The Secretary, Department of Welfare of Scheduled Tribes, Government of Tripura, having his office at New Secretariat Complex, Gurkhabasti, P.O.-Kunjaban, P.S.-East Agartala, District-West Tripura.
4. The Secretary, Department of General Administration (Personnel & Training), Government of Tripura, having his office at Page - 6 of 14 New Secretariat Complex, Gurkhabasti, P.O.-Kunjaban, P.S.-East Agartala, District-West Tripura.
5. The Director, Department of Welfare of Scheduled Caste, Government of Tripura, having his office at New Secretariat Complex, Gurkhabasti, P.O.-Kunjaban, P.S.-East Agartala, District-West Tripura.
6. The Director, Department of Welfare of Scheduled Tribes, Government of Tripura, having his office at New Secretariat Complex, Gurkhabasti, P.O.-Kunjaban, P.S.-East Agartala, District-West Tripura.
7. The Tripura Tribal Officers' Welfare Forum, A society registered under the Societies Registration Act, 1860, having its office at Old Kalibari Lane, Krishnanagar, Agartala, P.O.-Agartala, P.S.-West Agartala, District-West Tripura, represented by its General Secretary Sri Jogendra Debbarma.
8. All Tripura Scheduled Caste Officers' Welfare Society, a society registered under the Societies Registration Act, 1860, having its Office at Ambedkar Bhawan, Melarmath, P.O.-Agartala, P.S.-West Agartala, District-West Tripura, represented by its General Secretary Sri Bimal Das.
9. Sri Uttam Mandal, S/O. Late Harendra Ch. Mandal, Ramnagar Road No.4, Agartala, P.O.-Agartala, P.S.-West Agartala, District-West Tripura.
10.Sri Nabakumar Debbarma, S/O. Bidya Kumar Debbarma, Of village Kairai Para, P.O.-Mandai, P.S.-Mandai, District-West Tripura.
........ Respondent(s) Along with WP(C) No.58/2015 Smt. Someswari Debbarma, Page - 7 of 14 W/o Sri Himadri Prasad Choudhury of Krishnanagar, P.S. West Agartala, P.O. Agartala, Distt. West Tripura. PIN 799001.
....... Petitioner(s).
- Versus -
1. The State of Tripura, Represented by the Secretary, Law (Parliamentary Affairs) Department, P.S. New Capital Complex, P.O. Kunjaban, District-West Tripura, PIN 799006.
2. The Secretary, Law (Parliamentary Affairs) Department, P.S. New Capital Complex, P.O. Kunjaban, District-West Tripura, PIN 799006.
3. Tripura Legislative Assembly Secretariat, Agartala, West Tripura, To be represented through the Secretary, New Capital Complex, P.O. Kunjaban, District-West Tripura, PIN 799006.
4. The Secretary, Tripura Legislative Assembly Secretariat, Agartala, West Tripura, New Capital Complex, P.O. Kunjaban, District-West Tripura, PIN 799006.
5. Sri Kanu Bhusan Das, The Under Secretary, Tripura Legislative Assembly Secretariat, Agartala, West Tripura, New Capital Complex, P.O. Kunjaban, District-West Tripura, PIN 799006.
........ Respondent(s).
Along with WP(C) No.227/2015 Sri Samarendra Debbarma, S/o Lt. Harendra Ch. Debbarma, R/o Badharghat, Matripally, P.O. Siddhi Ashram, Agartala, District: West Tripura.
....... Petitioner(s).
- Versus -
1. The State of Tripura, Page - 8 of 14 To be represented by the Commissioner-Cum-Secretary, Department of Tribal Welfare, Govt. of Tripura, New Secretariat Building, New Capital Complex, Kunjaban, Agartala, West Tripura, PIN 799006.
2. Director, Department of Tribal Welfare, Government of Tripura, Pandit Nehru Complex, Gorkhabasti, Agartala, West Tripura, PIN 799006.
3. Tripura Board of Secondary Education (To be represented by the President, Tripura Board of Secondary Education, Govt. of Tripura, Pandit Nehru Complex, Gorkhabasti, Agartala, West Tripura, PIN 799006).
4. The Secretary, Tripura Board of Secondary Education, Govt. of Tripura, Pandit Nehru Complex, Gorkhabasti, Agartala, West Tripura, PIN 799006.
5. Sri Anil Debbarma, Office Superintendent, Tripura Board of Secondary Education, Govt. of Tripura, Pandit Nehru Complex, Gorkhabasti.
6. Sri Prabir Kr. Mallick, Office Superintendent, Representative of the Director of School Education, Govt. of Tripura (Notice to be served through Secretary, Tripura Board of Secondary Education, Govt. of Tripura, Pandit Nehru Complex, Gorkhabasti, Agartala, West Tripura, PIN 799006).
7. Sri Tapan Chakraborty, Retd. Headmaster, Netaji Subhas Vidya Niketan, Agartala.
(Notice to be served through Secretary, Tripura Board of Secondary Education, Govt. of Tripura, Pandit Nehru Complex, Gorkhabasti, Agartala, West Tripura, PIN 799006).
8. Abhijit Bhattacharjee, Advocate, Tripura Bar Association, Agartala, (Notice to be served through Secretary, Tripura Board of Secondary Education, Govt. of Tripura, Pandit Nehru Complex, Gorkhabasti, Agartala, West Tripura, PIN 799006).
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9. Dr. Bithika Chowdhury, Headmaster, Bani Vidyapith Girls Higher Secondary School, (Notice to be served through Secretary, Tripura Board of Secondary Education, Govt. of Tripura, Pandit Nehru Complex, Gorkhabasti, Agartala, West Tripura, PIN 799006).
10.Smt. Chandrika Debbarma, Headmaster, Upendra Vidya Mandir, Agartala, (Notice to be served through Secretary, Tripura Board of Secondary Education, Govt. of Tripura, Pandit Nehru Complex, Gorkhabasti, Agartala, West Tripura, PIN 799006).
11.Sri Haripada Debnath, Headmaster, K.B. Institution, Udaipur, (Notice to be served through Secretary, Tripura Board of Secondary Education, Govt. of Tripura, Pandit Nehru Complex, Gorkhabasti, Agartala, West Tripura, PIN 799006).
12.Dr. Swapan Kumar Podder, Secretary, TBSE, Convener, (Notice to be served through Secretary, Tripura Board of Secondary Education, Govt. of Tripura, Pandit Nehru Complex, Gorkhabasti, Agartala, West Tripura, PIN 799006).
(The Respondents Nos.6 to 12 are members of the appointment committee constituted by the TBSE in terms of Recruitment Rules for the post of Office Superintendent, TBSE as such to Respondents Nos.6 to 12 may served through Secretary, Tripura Board of Secondary Education).
........ Respondent(s).
For Petitioner(s) : Mr. Sankar Deb, Sr. Advocate.
Mr. B.B. Das, Advocate.
Mrs. Kiran Suri, Sr.Advocate. Mr. Arijit Bhowmik, Advocate. Ms. Sujata Deb (Gupta), Advocate.
For Respondent(s) : Mr. Arun Kanti Bhowmik, Advocate General.
Mr. S. Lodh, Advocate.
Mr. Raju Datta, Advocate.
Mr. Paramartha Datta, Advocate. Mr. N. Majumder, Advocate.
Page - 10 of 14 HON'BLE THE CHIEF JUSTICE MR. SANJAY KAROL HON'BLE MR. JUSTICE ARINDAM LODH _O_R_D_E_R_ 10/01/2019 In a bunch of these petitions, petitioners lay challenge to the vires of the provisions of the Tripura Scheduled Castes and Scheduled Tribes (Reservation of vacancies in Services and Posts) Act, 1991 and the Rules framed thereunder. Also challenge is laid to the notification dated 27th January, 2005 issued on the basis of the 85th Constitutional amendment.
[2] It is not in dispute that the questions assailing in the present petitions were rendered for adjudication before the Full Bench of this Court and vide judgment dated 9th April, 2015, the issues/questions stand answered.
[3] It is also not in dispute that the State had preferred Special Leave Petition No.19765-19767/2015 titled as The State of Tripura & Ors. Vrs, Jayanta Chakraborty & Ors. etc. etc. before Hon'ble the Supreme Court of India, assailing the said decision rendered by the Full Bench. In the said SLP, on 27th July, 2015, Hon'ble the Supreme Court passed the following interim order :
"Issue notice.
Dr. (Mrs.) Vipin Gupta, learned counsel accepts notice on behalf of respondents.
List the matters after pleadings are complete.
In the meanwhile, the parties will maintain status quo. However, the data of collating the information as postulated in Nagaraj's case may continue."
Page - 11 of 14 [4] It is not in dispute that now leave stands granted and the appeals are pending consideration before the Apex Court. We notice that while granting leave, on 14th November, 2017 the Apex Court had granted liberty to the parties to mention the matter, expressing urgency, before the Hon'ble Chief Justice of India.
[5] On 15th November, 2018, when the present appeals came up for hearing, this Court passed an order whereafter, also on 11th December, 2018 this Court passed another order. These orders are reproduced hereinbelow:
"15/11/2018 "It is brought to our notice that with respect to the year 2011 only this bunch of writ petitions(3 in no.) are pending and cases of all other categories stand adjudicated by this Court.
Today learned Advocate General states that on 29.11.2018, Hon'ble the Apex Court is likely to take up the appeals pending, arising out of the judgment rendered by this Court in another matter. Perhaps, decision thereof shall have a bearing on the outcome of the instant appeals. He further states that considering the fact that these are the only left out cases pertaining to the year 2011, a request shall be made before the Hon'ble the Apex Court for early listing/hearing of the matter. Statement taken on record.
He further prays for an adjournment of the present cases.
Granted.
List on 11.12.2018."
11.12.2018 This is in reference to one earlier order dated 15-11-2018. Learned counsel appearing for the parties jointly request for an adjournment on the Page - 12 of 14 ground that they shall apprise the Hon'ble the Supreme Court of the pendency of the present writ petitions.
We notice that three petitions are the only cases pending for the year 2011 and all cases of other categories stands already decided. We also notice that there is no stay of further proceedings and as such, we are inclined to proceed with the hearing of the matter but however adjourn the same to enable the learned counsel to take appropriate instructions.
Let the matters be listed on 5th February, 2019, as prayed for."
[6] Today when the matter was taken up for hearing, learned Advocate General simply informs that steps in the direction of complying with the orders passed by this Court are being taken. But then what is the outcome, we are yet to be informed. Be that as it may, since these appeals pertain to the year(s) 2010/2011/2012 onwards, we requested the learned counsel appearing for the parties to make their submissions.
[7] After due deliberation and consideration, we dispose of these writ petitions on the following mutually agreed terms:
(a) All concerned, including the parties before this Court shall bind themselves to the outcome of the decision to be rendered by the Apex Court in Civil Appeal No(s).4562-
4564 of 2017 titled as The State of Tripura & Ors. Vrs, Jayanta Chakraborty & Ors. and other connected matters.
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(b) Within 2(two) months of the rendering of decision in the said appeals by Hon'ble the Supreme Court, the State shall take and complete all steps for implementing the same and more specifically, qua determination of inter se seniority and allowing/disbursement of consequential benefits flowing therefrom.
(c) Such of those employees who have retired or would retire prior to the pronouncement of the decision of the Apex Court, shall be entitled to all the benefits in accordance with law.
(d) The state shall be bound to fully comply with the directions contained in the judgment within a period of 2(two) months, for failure thereof, shall amount to committing contempt of this Court, for which, if so required and desired, it shall be open for the parties including the petitioners, to approach this Court.
(e) Save and except for what stands decided by the Full Bench of this Court, all other issues, if any, are left open reserving liberty to each one of the writ petitioners/parties to independently approach the Court, assailing the orders to be passed by the authorities, on the same and subsequent cause of action, if so required and desired, in accordance with law, which shall be subsequent to the rendering of the judgment by Hon'ble the Supreme Court in the appeals pending consideration.
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(f) Liberty reserved to the parties to move application seeking further direction, if any.
(ARINDAM LODH), J (SANJAY KAROL), CJ Sukhendu