Laksman Debnath v. The State of Tripura and Ors

JUDGMENT & ORDER (ORAL)

We have heard Mr. P. Roy Barman, learned senior counsel assisted by Mr. Samarjit Bhattacharjee and Mr. D. Paul, learned counsel for the petitioners and also Mr. S.S. Dey, learned Advocate General assisted by Ms. A. Chakraborty, learned counsel for the respondents. YES NO √

[2]

Common issues being involved, both the writ petitions are heard together and are being disposed of by this common judgment. [3]

The petitioners of both the writ petitions initially joined to the post of Fireman under the Director of Fire Service on different dates in different years from 1990 A.D. onwards. Some of them have later on been promoted to the next promotional post of Leading Fireman and Junior Operator (Control Room). Meanwhile, some of the petitioners also successfully completed External Sub Officer Course and in this regard, the Director of National Fire Service College, Nagpur also issued certificates in their favour and therefore, now they are in expectation of their promotion to the post of Sub Officer. [4]

Earlier, according to the petitioners, they would be guided by the Recruitment Rules for the post of Sub Officer as issued vide notification No.5(3)-PD/64 dated 28.10.1971 and as per said Rules, all the post of Sub Officer would be filled up by way of promotion from the post of Leading Fireman/Fireman, with at least 2 years service in the grade failing which by direct recruitment and educational criteria were-(i) matriculate or equivalent,

(ii) other technical qualifications as per Fire Service rules as prescribed from time to time and as per said Rules, number of total sanctioned post for Sub Officer was 04. [5]

Now, it is the grievance of the petitioners that suddenly the State Government in exercise of power under Article 309 of Constitution of India has made another Recruitment Rules for the post of Sub Officer issued vide notification No.F.5(12)-PD/2013(P-II)/3625 dated 28.11.2022 and as per said new Rules, the numbers of sanctioned post of such Sub Officer have been shown to be 115 by enhancing from earlier number of sanctioned post of 04.

Now by the new Rules of 2022, it has been stipulated that 50% of such post will be filled up by way of promotion through Departmental Examination and 50% by direct recruitment through TPSC. Even the experience in the feeder post has been changed and now in case of promotion, a Leading Fireman/Junior Operator (Control Room) having at least 10 years of service in the Department is eligible for such promotion failing which such post may be filled up from the post of Driver/Fireman having at least 15 years service in the Department and therefore, due to such significant changes brought in the subsequent Recruitment Rules of 2022, same has been challenged in these writ petitions alleging the same to be ultra vires and is detrimental to the petitioners and other similarly situated persons. [6]

Mr. P. Roy Barman, learned senior counsel of the petitioners with stress argues that by incorporation of such rigors in the new Recruitment Rules of 2022, the avenues for promotion to the post of Sub Officer has been significantly narrowed down by incorporating that 50% of post will be filled up by direct recruitment. It has also been contended by Mr. Roy Barman, learned senior counsel that by the new Rules, now a Leading Fireman shall have to work for 10 years in the feeder post and shall have to qualify the departmental examination though some of the petitioners have already completed Sub Officer course of National Fire Service College, Nagpur through its regional training centre situated at Guwahati and the curriculum for such course is similar to the course of departmental examination and therefore, once they have qualified said course, they should not be again insisted to qualify the departmental examination. For these reasons, according to Mr. Roy Barman, learned senior

counsel, the new Recruitment Rules of 2022 is completely irrational, illegal and arbitrary and violative of Article 14 and 16 of the Constitution. [7]

Mr. S.S. Dey, learned Advocate General, on the other hand, submits that in view of the growing importance and professional responsibility and to meet up the new challenges of modern times pertaining to fire and life safety of the general people, well educated young and energetic professionals are required to be appointed in the post of Sub Officer which is basically a pivotal post in the Department to supervise a group of Leading Fireman/Fireman during fire fighting, search and rescue operations apart from doing other various administrative works. Keeping in view of above said challenges vis-a-vis requirements to meet up the same, according to learned Advocate General, the old Rule of 1971 was repealed by bringing new Rule in the year 2022 and the State has it"s complete authority and competence to do the same under Article 309 of the Constitution and therefore, there is no merit in the writ petitions. Mr. Dey, learned Advocate General further contends that it is a matter of State policy and the Rules of 2022 has been framed purely in public interest. [8]

According to us, law in this regard is already settled. In P.U. Joshi and others vs. Accountant General, Ahmedabad and others, (2003) 2 SCC 632, the Apex Court observed that it is open and within the competency of the State to change the rules relating to a service and alter or amend and vary by addition/substraction the qualifications, eligibility criteria and other conditions of service including avenues of promotion, from time to time, as the administrative exigencies may need or necessitate. The relevant paragraph No.10 of the said decision is also excerpted below:

"10. We have carefully considered the submissions made on behalf of both parties. Questions relating to the constitution, pattern, nomenclature of posts, cadres, categories, their creation/abolition, prescription of qualifications and other conditions of service including avenues of promotions and criteria to be fulfilled for such promotions pertain to the field of policy is within the exclusive discretion and jurisdiction of the State, subject, of course, to the limitations or restrictions envisaged in the Constitution of India and it is not for the statutory tribunals, at any rate, to direct the Government to have a particular method of recruitment or eligibility criteria or avenues of promotion or impose itself by substituting its views for that of the State. Similarly, it is well open and within the competency of the State to change the rules relating to a service and alter or amend and vary by addition/substraction the qualifications, eligibility criteria and other conditions of service including avenues of promotion, from time to time, as the administrative exigencies may need or necessitate. Likewise, the State by appropriate rules is entitled to amalgamate departments or bifurcate departments into more and constitute different categories of posts or cadres by undertaking further classification, bifurcation or amalgamation as well as reconstitute and restructure the pattern and cadres/categories of service, as may be required from time to time by abolishing the existing cadres/posts and creating new cadres/posts. There is no right in any employee of the State to claim that rules governing conditions of his service should be forever the same as the one when he entered service for all purposes and except for ensuring or safeguarding rights or benefits already earned, acquired or accrued at a particular point of time, a government servant has no right to challenge the authority of the State to amend, alter and bring into force new rules relating to even an existing service." [9]

Further, a candidate can be considered for promotion in terms of the Rules as existent on the date when consideration for such promotion takes place and not by the previous Rules. Reference in this regard may be made to a 3-Judge Bench decision of Hon"ble Supreme Court in case of State of Himachal Pradesh and others vs. Raj Kumar and others, (2023) 3 SCC 773 and relevant portions of the judgment are extracted below: "82. A review of the fifteen cases that have distinguished Rangaiah would demonstrate that this Court has been consistently carving out exceptions to the broad proposition formulated in Rangaiah. The findings in these judgments, that have a direct bearing on the proposition formulated by Rangaiah are as under:

82.1. There is no rule of universal application that vacancies must be necessarily filled on the basis of the law which existed on the date when they arose, Rangaiah case must be understood in the context of the rules involved therein.

82.2. It is now a settled proposition of law that a candidate has a right to be considered in the light of the existed rules, which implies the "rule in force" as on the date consideration takes place. The right to be considered for promotion occurs on the date of consideration of the eligible candidates." [10] Further, recently a 3-Judge Bench of the Apex Court in Ravikumar Dhansukhlal Maheta and another vs. High Court of Gujarat and others, 2024 SCC Online SC 972 at Para 81 also observed that the courts cannot sit in review to decide whether the policy adopted for promotion is suited to select the "best candidates", unless on the limited ground where it violates the principle of equal opportunity under Article 16 of the Constitution. [11] Here, incorporation of a condition that 50% of the sanctioned post of Sub Officer shall be filled up by direct recruitment and 50% shall be filled up by promotion through departmental examination does not violate the principle of equal opportunity as enumerated under Article 16 of the Constitution. As already held by the Apex Court as noted above, it is well within the competency of the State to incorporate, to alter or amend and vary by addition or otherwise, the qualifications and eligibility criteria in respect of promotion. Thus, we find no merit in these writ petitions to interfere with the Recruitment Rules of 2022 as framed by the State for the post of Sub Officer. However, as Mr. Roy Barman, learned senior counsel raises a point that qualifying of Sub Officer course under National Fire Service College, Nagpur is equivalent to passing of departmental examination as enumerated in the Recruitment Rules of 2022, the State respondents may examine and consider whether such passing of Sub Officer course may be treated as equivalent to passing of such departmental examination or not.

[12] In view of above discussion, we find no merit to interfere with the impugned Recruitment Rules of 2022 and accordingly, both the writ petitions are dismissed.

Pending application(s), if any, shall stand disposed of.

(S.D. PURKAYASTHA), J

(APARESH KUMAR SINGH), CJ

Rudradeep SATABDI DUTTA Date: 2024.08.28 16:53:30 +05'30'

HIGH COURT OF TRIPURA AGARTALA WP(C) No.128 of 2023 Laksman Debnath, Son of Sri Ramesh Debnath, resident of Jangalia, Bishalgarh, Routhkhola, West Tripura, Pin 799102. ...... Petitioner(s) V E R S U S 1. The State of Tripura, (To be represented by) the Secretary, Home (Fire & Emergency Services) Department, Government of Tripura, New Secretariat Complex, Kunjaban, Agartala, West Tripura, Pin 799010. 2. The Additional Secretary, Home (Fire & Emergency Services) Department, Government of Tripura, New Secretariat Complex, Kunjaban, Agartala, West Tripura, Pin 799010. 3. The Director, Fire & Emergency Services, Directorate of Fire & Emergency Services, Tripura, Fire Brigade Chowmuhani, Agartala, West Tripura, Pin 799001. ...... Respondent(s) WP(C) No.735 of 2023 1. Md. Mansur Ali, Son of Matachir Ali, resident of Kalacherra, Hurua, Kadamtala, Dist North Tripura, Pin 799251. 2. Dipankar Sen, Son of Late Nirmal Sen, resident of Hrishyamukh, Belonia, Dist South Tripura, Pin 799156. 3. Ujjal Debbarma, Son of Chandra Badhan Debbarma, resident of Gokul Nagar, PO North Gokulnagar, Dist West Tripura, Pin 799205. 4. Ratan Debbarma, Son of Kiran Debbarma, resident of Rajkandi, Ganganagar, Dist North Tripura, Pin 799290. 5. Amal Sarkar, Son of Anil Sarkar, resident of Chanpara, PO Bishalgarh, Dist Sepahijala, Tripura, Pin 799102. 6. Swadhin Ranjan Chakma, Son of Bir Mohan Chakma, resident of Gach Bagan, Laxmipur, Dist Dhalai, Tripura, Pin 799284. 7. Amal Bhowmik, Son of Rabindra Chandra Bhowmik, resident of Dhajanagar, Chandranagar, Dist Sepahijala, Tripura, Pin 799102. 8. Subal Das, Son of Late Janardhan Das, resident of Meran Tila, Near ICDS Centre, Paschim Kalabaria, Ward No. 05, Belonia, Dist South Tripura, Pin 799155. 9. Samir Hazari, Son of Rajmohan Hazari, resident of Khamarhati, Madhupur, Dist Sepahijala, Tripura, Pin 799100. 10. Rabindra Debnath, Son of Snidham Debnath, resident of Brajapur, Near Lalsinghmura, Dist Sepahijala, Tripura, Pin 799102. 11. Sukhamoy Debnath, Son of Suresh Chandra Debnath, resident of Uptakhali, Ward No. 02, Dist North Tripura, Pin 799260. 12. Ranjit Das, Son of Pichan Das, resident of New Manu, Nabagram, Dist South Tripura, Pin 799143. 13. Ranjan Ghosh, Son of Rajkumar Ghosh, resident of Manik Bhander, East Lambuchara, Dist Dhalai Tripura, Pin 799287. 14. Jitesh Chandra Das, Son of Dwijendra Chandra Das, resident of Sona Ram Kobra Para, Purba Nalichara, Dist Dhalai, Tripura, Pin 799204. 15. Tapash Chowdhury, Son of Late Gour Chand Chowdhury, resident of Kashipur, Ward No. 17, Mission Road, PO Reshambagan, Agartala, Dist West Tripura, Pin 799008. 16. Samir Kumar Nath, Son of Late Nishi Kanta Nath, resident of Radhapur, Ward No.03, Dharmanagar, Dist North Tripura, Pin 799253. 17. Uttam Kumar Das, Son of Late Sudhir Chandra Das, resident of Ward No.05, Udaipur, Radhakishorepur, Dist Gomati, Tripura, Pin 799120. 18. Sridam Das, Son of Late Jadu Ram Das, resident of North Bhuratali, South Tripura, Pin 799143. 19. Nakshatra Jamatia, Son of Late Kumar Jamatia, resident of Kalapara, Ward No. 01, Manu, PO Manpathar, Santirbazar, South Tripura, Pin 799144. 20. Parimal Kuri, Son of Late Upendra Kumar Kuri, resident of Giridhari Palli, Ward No. 06, Radhakishorepur, Udaipur, Dist Gomati, Tripura, Pin 799120. 21. Kiriti Bhattacharjee, Son of Late Kripamoy Bhattacharjee, resident of Madhya Nayapara, Ward No. 12, Dharmanagar, North Tripura, Pin 799250. 22. Sanjib Karmakar, Son of Sudhir Karmakar, resident of Ward No. 18, Krishnanagar, Pragati Road, Durga Chowmuhani, PO Agartala, West Tripura, Pin 799001. 23. Uma Sankar Modak, Son of Late Nani Gopal Modak, resident of Khayerpur, Ward No. 17, Dist West Tripura, Pin 799008. 24. Tanmoy Chakraborty, Son of Late Shibabrata Chakraborty, resident of Kalachand Kobra Para, Ward No. 05. PO Bankimnagar, Jirania, West Tripura, Pin 799045. 25. Bikendra Debbarma, Son of Manindra Debbarma, resident of Sumanta Para, Uttar Pramod Nagar, TuichingGram Bari, Chebri, Dist Khowai, Tripura, Pin