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Issues: Whether the amendment to the seniority provisions of the Tripura Judicial Service Rules made by the 7th Amendment Rules, 2018 was curative in nature and required to operate from the date of the 5th Amendment Rules, 2013, so that seniority in Grade-I would be refixed on the revised roster basis.
Analysis: The seniority scheme under the service rules was built on the rota-quota principle. When the quota for normal promotion and limited departmental competitive examination was altered by the 5th Amendment Rules, 2013, the corresponding roster and seniority provisions in Rule 18 continued to reflect the old quota, creating an inconsistency between promotion quota and seniority rotation. The later amendment in 2018 corrected that omission. The Court treated the omission as an inadvertent defect, held that the amended seniority provisions were curative in nature, and concluded that they must relate back to the date when the quota change took effect. The objections based on delay, non-joinder, and vested seniority rights were rejected.
Conclusion: The amendment to Rule 18 was held to be curative and operative from 29.05.2013, and the seniority list had to be recast accordingly.
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