JUDGMENT : APARESH KUMAR SINGH, CJ. 1. Heard Mr. B.N. Majumder, learned senior counsel assisted by Mr. Sajit Chandra Sen and Mr. B. Paul, learned counsel appearing for the petitioner and Mr. Debalay Bhattacharya, learned Government Advocate appearing for the respondents-State and Mr. P. Roy Barman, learned senior counsel assisted by Mr. D. Paul, learned counsel appearing for the private respondent No. 4. 2. Writ petition was filed with a prayer to command the respondents to issue promotion order in favour of the petitioner to the post of Supervisor (Panchayat)/Auditor w.e.f. 06.01.2017. Petitioner also prayed for consequential benefits including arrears from the date his juniors have been promoted to the post of Supervisor (Panchayat)/Auditor, i.e. 06.01.2017. Petitioner also asked for restoration of his seniority over private respondents No. 3 to 8. 3. In short, the case of the petitioner is that after having been appointed on the post of Panchayat Secretary on a fixed pay basis on 21.07.2003, petitioner was subsequently absorbed permanently in the year 2008 and has been rendering his service efficiently and diligently to the full satisfaction of the authority. The petitioner applied for a “No Objection Certificate” for appearing in the Secondary Examination conducted by the National Open School in the year 2010 which was conceded. No Objection Certificate was issued on 08.11.2010 and thereafter petitioner appeared in the examination and passed the Madhyamik Examination successfully. Thereafter, the petitioner applied for recording his Madhyamik Pass qualification in the Service Book to the Block Development Officer (BDO, for short), Jampuijala R.D. Block where he was posted. His prayer was reportedly forwarded by the BDO, Jampuijala R.D. Block to the respondent No. 2 vide letter dated 26.08.2011. The copy of No Objection Certificate dated 08.11.2010 and cover letter of BDO, Jampuijala R.D. Block addressed to the Director of Panchayat are enclosed as Annexure-2 & 3 respectively. 4. In the year 2013 again the petitioner applied for No Objection Certificate for appearing in the Senior Secondary Examination from National Institute of Open School in the year 2013 as an external candidate and No Objection Certificate was issued on 01.03.2013. Thereafter, the petitioner successfully passed the Senior Secondary Examination and similar prayer for recording the said qualification in the Service Book was submitted. It was forwarded to the respondent No. 2 by the BDO, Jampuijala R.D. Block vide letter dated 11.09.2013. Annexure-4 is the No Objection Certificate dated 01.03.2013. 5. Thereafter, the petitioner successfully passed the Senior Secondary Examination and similar prayer for recording the said qualification in the Service Book was submitted. It was forwarded to the respondent No. 2 by the BDO, Jampuijala R.D. Block vide letter dated 11.09.2013. Annexure-4 is the No Objection Certificate dated 01.03.2013. 5. A Draft Seniority list of Panchayat Secretary was published on 23.03.2016 wherein the petitioner's name occurred at serial No. 950 and was shown as “Madhyamik Plucked” erroneously. Petitioner then submitted a representation to the respondent No. 2 for correction of his educational qualification as mentioned in the draft seniority list of 14.07.2016 which was received by the respondent No. 2. However, till date no final seniority list has been published. Therefore, his name continued as “Madhyamik Plucked” in the draft seniority list. Copy of the objection petition against the draft seniority list is enclosed as Annexure-5. Copy of the draft seniority list dated 23.03.2016 is annexed as Annexure-6. 6. According to the petitioner, as per the draft seniority list, Shri Sanjit Debbarma, Shri Radhakrishna Debbarma, Shri Milan Chandra Tripura and Shri Sukurai Debbarma were all junior to the petitioner. Similarly, Shri Dipankar Debbarma, Shri Malin Debbarma and Shri Surajit Debbarma were all senior to the petitioner but they were Madhyamik plucked. Vide order dated 06.01.2017, 94 persons were promoted to the post of Supervisor (Panchayat) but the petitioner's name did not occur. Petitioner has enumerated the name of the persons promoted to the post of Supervisor (Panchayat) who were juniors to the petitioner. Their names are furnished at paragraph-7 of the memo of writ petition. 7. Petitioner also states that as per notification of the Government of Tripura, Higher Education Department, certificates obtained from off- campus study centres other than the State/Private Universities/Deemed Universities would not be treated as valid for service benefit w.e.f. 10.07.2013. This notification issued by the Tripura Board of Secondary Education dated 03.08.2016 also contains the names of recognized Boards/Council/Certificate/mark-sheet holders of these institutes who only will be recognized by the Tripura Board of Secondary Education. The notification dated 03.08.2016 is annexed as Annexure-8. 8. Petitioner being aggrieved by denial of his legitimate claim for promotion and discrimination represented on 04.03.2017 and again on 17.06.2021 which remained unheeded (Annexures-9 and 10). The notification dated 03.08.2016 is annexed as Annexure-8. 8. Petitioner being aggrieved by denial of his legitimate claim for promotion and discrimination represented on 04.03.2017 and again on 17.06.2021 which remained unheeded (Annexures-9 and 10). According to the petitioner, as per the recruitment rules, the post of Auditor is to be filled up from the 50% by the employees having 5(five) years experience in the post of Panchayat Secretary with educational qualification as Graduate and 50% by promotion from Panchayat Secretary having 10 years experience with educational qualification as Matriculate. He contends that in the promotion order of 2017, 8(eight) No. of Graduates and only 2(two) No. of Madhyamik pass employees were promoted, more so, when there were enough vacancies in the post of Auditor in the existing cadre. 9. A draft seniority list was again published on 04.08.2021 (Annexure-11). Being aggrieved by the non-correction of the name of the petitioner as Madhyamik Pass/SSSE Passed in the seniority list and non- consideration of his claim for promotion along with others in the promotion order dated 06.01.2017, petitioner approached this Court on 06.01.2022. In this background, the counter affidavit of respondents No. 1 and 2 becomes relevant. 10. Mr. Debalay Bhattacharya, learned Government Advocate appearing for the respondents-State, relying upon the contents of the counter affidavit submits that the Panchayat Department is a Nodal Department for conducting Village Committee/Gram Panchayat bye-election and all staffs were engaged in the said purpose. The letter of BDO, Jampuijala R.D. Block dated 26.08.2011 was received but the said copy had been misplaced due to conduct of 587 ADC Village Committee Election in 2011. It is further stated that no covering letter along with mark-sheet of Senior Secondary Certificate in respect of the petitioner issued by the BDO, Jampuijala R.D. Block vide letter dated 11.09.2013 had been received in their office. Further averments have been made about publication of draft seniority list on 23.03.2016 by the respondent No. 2 to which the petitioner had made objection for upgradation of his educational qualification on 14.07.2016 to the BDO, Jampuijala R.D. Block but no forwarding letter along with mark- sheet was received from the BDO, Jampuijala R.D. Block. 11. Further averments have been made about publication of draft seniority list on 23.03.2016 by the respondent No. 2 to which the petitioner had made objection for upgradation of his educational qualification on 14.07.2016 to the BDO, Jampuijala R.D. Block but no forwarding letter along with mark- sheet was received from the BDO, Jampuijala R.D. Block. 11. It has been further stated that in the seniority list of Panchayat Secretary the names of Shri Sanjit Debbarma (S. No. 958), Shri Radhakrishna Debbarma (961), Shri Milan Chandra Tripura (963) and Shri Sukurai Debbarma (960) were proposed by the DPC as they were qualified “Madhyamik Pass” and also Shri Dipankar Debbarma, Shri Malin Debbarma and Shri Surajit Debbarma who had qualification as “Madhyamik Pass” were considered by the DPC for promotion as per seniority list. Petitioner being unqualified as he was not “Madhyamik Pass” was not considered by the DPC. Learned Government Advocate for the State states in respect of the averments made in paragraph-10 of the writ petition that when the DPC was held on 27.12.2016, the vacancy position were as under: For Graduate: SC-2, ST-8 & UR-12 = 22 For Under Graduate: SC-4, ST-6 & UR-14 = 24 There is no vacancy now for Graduate or Undergraduate quota for promotion. 12. Now respondents also state that the draft seniority list of Panchayat Secretary dated 04.08.2021 has been finalized on 14.12.2021. The name of the petitioner stands at serial No. 618 shown as Senior Secondary School Education (SSSE) passed in place of serial No. 619 (Annexure-R/2). In the meantime, the G.A. (P&T) Department had issued a memorandum dated 01.04.2017 to hold up promotion till disposal of the petitions pending before the Supreme Court or until further orders, whichever is earlier. Further G.A. (P&T) Department had issued a notification dated 22.06.2021 deciding to fill up posts lying vacant on ad- hoc basis by promotion (Annexure-R/4). As such, the department had already taken a step for filling up vacant post on promotion quota through DPC. Once again, the respondents at paragraph-17 of the counter affidavit say that the Panchayat Department is a Nodal Department and all staffs were badly engaged for conducting of Village Committee Elections. The respondents further reiterate at paragraph-17 that the letter dated 26.08.2011 of BDO, Jampuijala R.D. Block received on 29.08.2011 got misplaced due to Village Committee/Bye-election of Gram Panchayat. 13. Once again, the respondents at paragraph-17 of the counter affidavit say that the Panchayat Department is a Nodal Department and all staffs were badly engaged for conducting of Village Committee Elections. The respondents further reiterate at paragraph-17 that the letter dated 26.08.2011 of BDO, Jampuijala R.D. Block received on 29.08.2011 got misplaced due to Village Committee/Bye-election of Gram Panchayat. 13. Upon consideration of the submissions of learned senior counsel for the petitioner and learned Government Advocate for the State and the pleadings on record, it is not in dispute that petitioner's name has been incorporated in the final seniority list published on 14.12.2021 showing him as “SSSE Passed.” It is not disputed that petitioner had passed the SSSE examination from National Institute of Open School on 21.07.2013 and the final seniority list published on 14.12.2021 acknowledges his seniority along with his educational qualification as “SSSE Passed.” Apparently, the draft seniority list of 14.07.2016 was not corrected as the relevant communications of the BDO, Jampuijala R.D. Block dated 26.08.2011 and 11.09.2013 were not available with the department. The respondents No. 1 and 2, however, admit that the communication dated 26.08.2011 was received by them on 29.08.2011 but was misplaced on account of engagement in the Village Committee/ Panchayat Election. Non-inclusion of the name of the petitioner at the correct place and non-showing of his qualification as “SSSE Passed” in the gradation list dated 14.07.2016 left him out of consideration for promotion to the post of Supervisor (Panchayat)/Auditor where others were promoted. Respondents No. 1 and 2 have in their counter affidavit at paragraph-14 indicated the vacancy position as it existed before the DPC held on 27.12.2016, i.e. for Graduate-22 posts and for Under Graduate-24 posts. The promotional exercise was completed and eligible persons were promoted thereafter on 06.01.2017 leaving the petitioner aside. 14. Respondents No. 1 and 2 have in their counter affidavit at paragraph-14 indicated the vacancy position as it existed before the DPC held on 27.12.2016, i.e. for Graduate-22 posts and for Under Graduate-24 posts. The promotional exercise was completed and eligible persons were promoted thereafter on 06.01.2017 leaving the petitioner aside. 14. From the background facts and circumstances and the attendant documents, it is, therefore, clear that despite due permission taken by the petitioner from the BDO, Jampuijala R.D. Block and recommendations made by the BDO, Jampuijala R.D. Block through letters dated 26.08.2011 and 11.09.2013 and also the objection made by the petitioner to the draft seniority list dated 23.03.2016, his qualification was not corrected in the draft seniority list published on 14.07.2016 though the department acknowledges that the final seniority list published on 14.12.2021 has rectified the said error and placed the petitioner at serial No. 618 and shown him as Senior Secondary School Examination passed in place of serial No. 619. In those circumstances, therefore, non-consideration of the case of the petitioner in the promotional exercise held on 27.12.2016 and the consequential notification issued on 06.01.2017 is not proper in the eye of law. 15. In such circumstances, in order to remedy the injustice caused to the petitioner, the respondent No. 2, the Director of Panchayat, Government of Tripura, is directed to examine the case of the petitioner in the background of the admitted facts and restore his seniority to the correct place in the draft seniority list published on 14.07.2016 if the petitioner was left out of the seniority list without any fault of his. Since the respondents- State have taken a plea that all the vacancies were filled up in the promotional exercise held on 27.12.2016 vide notification dated 06.01.2017 from the undergraduate quota to which the petitioner belongs, the respondents would consider the case of the petitioner for promotion from the due date by creating a supernumerary post. The petitioner, if found fit and eligible on all aspects, shall be conferred promotion with effect from the date of notification, i.e. 06.01.2017 with consequential seniority. However, the petitioner shall be entitled to salary in the promotional post from the date on which he actually joins the post. Needless to say, on promotion of the petitioner to the next higher post against the available vacancy in his quota, the supernumerary post shall cease to exist thereafter. 16. However, the petitioner shall be entitled to salary in the promotional post from the date on which he actually joins the post. Needless to say, on promotion of the petitioner to the next higher post against the available vacancy in his quota, the supernumerary post shall cease to exist thereafter. 16. It appears that an exercise for ad-hoc promotion has already been started pursuant to the notification issued by the G.A. (P&T) Department on 22.06.2021. As such, the respondents No. 1 and 2 would conclude this exercise within a reasonable time, preferably 12(twelve) weeks from the date of receipt of copy of the order. 17. The writ petition is allowed and disposed of in the manner and to the extent as indicated hereinabove. 18. Pending applications, if any, also stands disposed of.