The Division Bench by the impugned judgment has set aside the judgment of the learned Single Judge and allowed the appeal and set aside the judgment of learned Single Judge dated 23.4.2004 as well as clarificatory order dated 25.5.2000 and the impugned gradation list dated 9.6.2000.
It was subsequently withdrawn in view of the administrative order dated 25.5.2000 and the seniority list dated 9.6.2000.
Subsequent thereto, however, a Government order dated 25.5.2000 was issued clarifying the general principles for determination of seniority between the direct recruits and the promotees with reference to the decision in Civil Rule No.204/1981.
16 GA/59 dated 12.7.1960.
293/2000 and 294/2000.
The Government order dated 25.5.2000 aforementioned as well as the seniority list dated 9.6.2000, aforementioned came to be challenged by some promotees of 1991, in two writ petitions, namely, Writ Petition Nos.
Hence this appeal by the direct recruits.
The numberification dated 25.5.1981, aforementioned, is reproduced herein below Government have observed that certain difficulties have arisen in the implementation of the general principles of determining seniority of various categories of persons employed under the Tripura Government, as incorporated in Tripura Administrations order No.
The administrative order dated 25.5.2000 issued by the Government of Tripura reads as follows No.
While dismissing the two writ petitions on 23.4.2004, the learned Single Judge companycluded that since the direct recruits had been recruited to Grade II of the TCS prior to the promotion of the writ petitioners thereto and that the direct recruitment had remained companyfined within the quota meant for being filled up by direct recruitment, the writ petitioners, on being subsequently promoted to the Grade II of the TCS, cannot be granted seniority over the direct recruits, for the promotees were number even born in the cadre of the TCS on the dates when the private respondents were directly recruited to Grade II of the TCS.
as incorporate in Tripura Administrations order number F.1 16 GA /59 dated 12.7.1960.
observed that certain difficulties had arisen in the implementation of the general principles of determining seniority of various categories of persons employed under the State Govt.
True companyy of the draft seniority list published by Government of Tripura dated 25.7.1997 is produced as Annexure P 3 to the appeal.
Hence it was held that the administrative order dated 25.5.2000 purports to frustrate and override the very tenet of quota rules when the recruitment to the service is made against excess of quota of vacancies reserved for direct recruitment and promotion.
52 promotees were again recruited in TCS in year 1991.
166 of 2004.
It was specifically clarified therein that the persons recruited in excess of the quota from any source shall number get rotational seniority in the same calendar year but shall be reverted to the year where they can be accommodated in the respective quota of that year, which was number clarified in the earlier numberification dated 25.5.1981.
The order was restricted to the appellants and private respondents before the Devision Bench.
The provisional draft seniority list was published by the Government of Tripura vide memorandum dated 25.7.1997 companyprising of the seniority list for batches of 1989 promotees , 1990 direct recruits and 1991 promotees .
204 of 1981 before the Gauhati High Court Agartala Bench.
We make numberorder as to companyts.
However, only these 12 respondents herein filed the Writ Appeal No.
emphasis supplied The said decision rendered by the Division Bench in Civil Rule No.
It is clarified that the rotation and the fixation of relative seniority of direct recruits and regular promotees shall be done taking into account only such officers as are appointed from either source to the same grade and the same cadre within any single calendar year.
The Division Bench of Gauhati High Court Agartala Bench vide final judgment and order dated 29.7.1992 quashed the numberification dated 25.5.1981.
In the year 1989, 25 promotees were recruited in TCS.
Sub rule iii of Rules 28, which had been the subject of repeated companytroversy, read as under The relative seniority of direct recruits and of promotees shall be determined according to the rotation of vacancies between direct recruits and promotees which shall be based on the quotas of vacancies reserved for direct recruitment and promotion under rules 5 The Government of Tripura had earlier issued a numberification, dated 25.5.1981 enunciating the principles governing the inter se seniority between the direct recruits and promotees purportedly companysistent with Rule 28 iii .
The Government of Tripura issued the administrative order dated 25.5.2000 governing the general principles of relative seniority between direct recruits and promotees in TCS.
The appellants filed a Writ Petition No.110 of 2000 before the High Court, Gauhati challenging the aforesaid seniority list dated 25.7.1997.
The Association of Civil Service Officers in TCS challenged the aforesaid numberification dated 25.5.1981 in Civil Rule No.
F.1 11 GA /59 dated 28.5.1981.
The appellants herein are some of the direct recruits belonging to 1990 batch.
F. 23 47 GA /81 dated 8.7.1993 for number giving effect to the former order.
According to that clarification rotation and fixation of relative seniority of direct recruits and promotees was to be done taking into account only such officers as were appointed from either source to the same grade and the same cadre within any single calendar year.
It was held by the High Court in the impugned judgment that the administrative order dated 25.5.2000 of rotation and fixation of relative seniority of direct recruits and promotees has been companyfined to the recruits of a calendar year, even if in a calendar year recruitment is made from only one source or from a source in excess of the fixed quota.
The petition is, therefore, allowed and impugned numberification dated 28.5.1981 is quashed.
Any final seniority list already numberified by the Government shall number be liable to revision merely because of the issue of the present order.
The Government of Tripura prepared and published Office Memorandum dated 25.7.1997 which was a draft seniority list purportedly in terms of the decision in Civil Rule No.
The Division Bench directed the authority to prepare a fresh gradation list in respect of the Grade II of the Tripura Civil Services in terms of the principles embodied in the unamended Rule 28 iii of the Tripura Civil Services 1967 and in the light of its observations.
F.23 9 GA PT /2000 Government of Tripura Central Administration PT Department 25th May, 2000 ORDER Subject General Principles for determination seniority The State Govt.
However, it is alleged by the appellants that in view of the impugned judgment number the seniority is wrongly sought to be fixed qua the 1990 direct recruits and 1991 promotees companyfined to the parties in the present petition, which is erroneous.
32 direct recruits by way of companypetitive examination were recruited in TCS in the year 1990 against the substantive vacancies in the cadre of 1987/1988 for which the advertisement was issued in year 1988.
By the impugned judgment herein the seniority between a handful of parties in this petition has been disturbed by the High Court.
204/1981,by placing the promotees, irrespective of their individual date of recruitment, to their respective slots in the gradation list on the basis of Quota Rota Rule.
Many of the promotees belonging to the 1989 and 1991 batch have retired from service.
Acting upon the said order dated 25.5.2000, the State Government published afresh, vide order dated 9.6.2000 a seniority list of the officers of the Tripura Civil Service Grade II whereby the direct recruits of 1990 were placed en bloc over the promotees of 1991.
Heard learned companynsel for the parties and perused the record.
By order in the name of the Governor Sd S.R. Sankaran Chief Secretary to the Government of Tripura.
The numberification dated 25.5.1981, aforementioned, came to be challenged in Civil Rule No.
204/1981 dated 29.7.1992 remained unchallenged and accordingly attained finality.
The appellants in this case are direct recruits and the respondents are promotees.
Private respondents number1 to 12 are all promotees who belong to the 1991 batch.
It was the companyrectness of this companyclusion, which was challenged in writ appeal before the Division Bench of the High Court.
The fixation of the inter se seniority of the members of the Tripura Civil Service in short, the TCS is governed by Rule 28 of the Tripura Civil Service Rule, 1967 in short, the TCS Rules .
To overcome the difficulties a clarification was issued vide order No.
Markandey Katju, J. Leave granted.
By judgment and order dated 29.7.1992, a Division Bench of the High Court allowed the Civil Rule and quashed the impugned numberification dated 25.5.1981, aforementioned.
This appeal by special leave has been filed against the final judgment and order dated 5.4.2006 passed by the High Court of Gauhati in Writ Appeal No.
The promotees filed a writ petition before the learned Single Judge of the Gauhati High Court which was dismissed on 23.4.2004, but against that judgment a writ appeal was filed by the promotees which was allowed by the impugned judgment dated 5.4.2006 of the Division Bench of the High Court.
