Decided on February 01,2022

Bimal Krishna Das Appellant


S.TALAPATRA,J. - (1.)Heard Mr. B. N. Majumder, learned senior counsel assisted by Mr. S. C. Sen, learned counsel appearing for the petitioner as well as Ms. A. Chakraborty, learned counsel led by Mr. S. S. Dey, learned Advocate General appearing for the respondents no.1, 2, 4, 5 and 6 and Mr. R. Datta, learned counsel appearing for the respondent No.3.
(2.)The grievance of the petitioner as agitated in the writ petition falls within a very short compass. The petitioner belongs to Scheduled Caste category and presently holding the post of Joint Director under the Animal Resource Development Department. He was promoted to that post on 31/3/2015 and hence, he has served more than seven years in the post, borne in Grade-II under the said department. According to the petitioner, for his next promotion qualifying service that is required is five years and he has completed that term. Even though there two vacancies are available with the respondents except the respondent No.3, no step has been taken to fill up the post to the serious detriment of the petitioner. The petitioner legitimately expects that promotion to the next higher grade should be considered for purpose of administrative efficiency or as incentive to the petitioner.
(3.)Mr. B. N. Majumder, learned senior counsel appearing for the petitioner has drawn attention of this court to the new promotion policy, as has been adopted by the State Government vide the notification dtd. 22/6/2021 [Annexure-4 to the writ petition]. According to Mr. Majumder, learned senior counsel, the department has failed to initiate the process for filling up the post following the rule including the exchange rules as provided under the Tripura Scheduled Castes and Scheduled Tribes Reservation Rules, 1992 as amended from time to time. A bare reading of clause-7 of the promotion policy, 2021 would make it abundantly clear that prescription of clause-7 of the Tripura Scheduled Castes and Scheduled Tribes Reservation Rules, 1992 lay down that following the above policy, the DPC will identify employees eligible for promotion to a particular post against the available vacancies. After this exercise, DPC shall consider another exercise taking into account the procedure as stated in the rule 9(2) of the Tripura SC and ST Reservation Rules, 1992. Due to such exercise, if any candidate is found not considered in the process as stated in the above process, then such candidates shall be considered for ad-hoc promotion by creating supernumerary post(s).

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