S.C. Das, J. - (1.) BY filing this writ petition under Article 226 of the Constitution of India the petitioner prayed for granting following reliefs: "c] Issue a writ in the nature of mandamus directing the Respondents and each of them to extend the promotional benefits to the petitioner to the post of Commercial Manager with retrospective effect from 17.09.90 in the pays scale of Rs. 5900 -200/2 -6700/ - as per 3rd pay Revision of 1986 and subsequently revised pay scale of Rs. 18400 -500 -22400/ -(as per 4th Pay Revision of 1996) and Apex Scale of Rs. 41400 -50400/ -(as per 5th Pay Revision of 006) in comparison with the pay scale of Medical Assistant(Pharmacist Category -A) herein Respondent No. 9 was revised and thereafter scale advancement in the next higher pay scale w.e.f. 17.09.93. d] Issue a writ in the nature of Mandamus directing the Respondents to provide promotion to the post of Commercial Manager in the pay scale of Rs. 4000 -140 -4700 -150 -5900(as per 3rd pay Revision of 1986) and Rs. 14150 -450 -20000/ -(as per 4th Pay Revision of 1996 and HAG + Scale of Rs. 24625 -40600/ - + Grad Pay of Rs. 6500/ -(as per 5th pay revision of 2006) with retrospective effect from 17.09.90 and thereafter scale advancement in the next higher pay scale of Rs. 5900 -6700) 3rd pay revision of 1986) and subsequent revised pay scale of Rs. 18400 -500 -22400/ -(4th pay revision of 1996) and Rs. 41400 -50400/ -(as per 5th Pay Revision of 2006) w.e.f. 17.09.93 and also the scale advancement in the next higher pay scale w.e.f. 17.09.96 like other similarly situated Officers/Employees. e] Issue a writ in the nature of mandamus and/or any other order directing the Respondent No. 1 & 2 to provide the benefits of promotion to the post of Commercial Manager and thereafter scale advancement/Time Bound Promotion/Career Advancement Scheme(CAS)/Time Bound Movement/Assured Career Progressive scheme(ACP) in the next higher pay scale/post on completion of every 3(three) years with all financial benefits including arrears of pay like other similarly situated employees/officers. f] Issue a writ in the nature of mandamus directing the Respondent No. 1 & 2 to provide 3 numbers of time bound promotion/Time Bound Movement/Assured Career Progressive scheme(ACP) in the next higher pay scale as applicable to the petitioner along with all congenial benefits like similarly situated officers/employees. g] Issue a writ in the nature of mandamus or order directing the Respondent No. 1 & 2 to provide pay salary attached to the post of Commercial Manager to the petitioner as the petitioner discharging duties, responsibilities as over all charges of Commercial Department/In -charge, Commercial Manager maintaining commercial affairs alone of the Respondent company with effect from 15 -01 -1986. h] Issue a writ in the nature of mandamus or order directing the respondent No. 1 & 2 to revise the pay scale of Commercial Manager and next higher pay scales as revision are applicable to the State Government employees. i] Issue a writ in the nature of mandamus or order directing the Respondent No. 1 & 2 to provide the petitioner revision of pay of scale for the post of Commercial Manager w.e.f. 01 -01 -1996 and subsequent scale advancement to the next higher post as per recommendation of Pay Anamoly Cell being approved by the BODs in 146th meeting of the respondent company and also as per 5th pay revision of 2006 keeping parity/equated at par with the pay scales applicable to the employees of state of Tripura. j] Grant cost of an incidental to this petition. k] Pass such order or further order or orders and/or direction or directions Hon'ble Court may deem fit and proper having regards to the facts and the circumstances of the matter."
(2.) PETITIONER inter alia contended that in the year 1985, pursuant to an advertisement made by respondent No. 1(TJML) for the post of Commercial Officer, the petitioner applied as a candidate and after interview in due process he was selected for the post in the pay scale of Rs.1,400 -2,350/ - but thereafter he was appointed as a Trainee Officer on probation for a period of six months on a consolidated pay of Rs.500/ -(rupees five hundred) and subsequently was appointed as Officer on Special Duty(OSD) attached to the Commercial Section in a lower scale of pay. Under compulsion he joined to the post since he resigned from his earlier service. He made protest and submitted representation for his appointment to the post for which the advertisement was made and he was selected. Subsequently, the respondents -TJML appointed him to the post of Commercial Officer, Gr -II w.e.f. 17.09.1987 in a lower pay scale of Rs.800 -1530/ -. He was not placed to the post of Commercial Officer in the pay scale of Rs.1400 -2350/ -. He made numerous representations for his appointment to the post of Commercial Officer and for other service benefits to which the respondents did not make any positive response and therefore, ultimately he approached the then Gauhati High Court, Agartala Bench by filing writ petition being WP(C) No. 454 of 2005 which was allowed by judgment dated 18.04.2007 with following directions: "15. For the discussions and reasons aforementioned, this writ petition has merit and, therefore, the same is allowed directing the respondents to (i) retrospectively appoint the petitioner to the post of Commercial Officer in the pay scale of Rs. 1400 -2350/ - w.e.f. 17.9.1987; (ii) fix his pay notionally from 17.9.1987 to 1.1.2003 in original and revised pay scale, if any, attached to the post(the date being three years before filing of the writ petition); (iii) pay him arrear from 1.1.2003 till date; (iv) revise the pay scale of the post, the same way, if pay of other officers and workers have been revised. This exercise shall be completed within a period of three months from today. No cost." Respondent Nos. 1 and 2 preferred an appeal being WA No. 45 of 2007 challenging the judgment and order dated 18.04.2007 passed in WP(C) No. 454 of 2005 and the Division Bench by judgment dated 21.08.2007 dismissed the appeal. The petitioner now contended that he is entitled to the post of Commercial Manager w.e.f. 17.09.1990 on his completion of three years of service as Commercial Officer and also entitled to time bound promotion to the next higher post and he also claimed time bound movement to the higher pay scale from time to time on completion of three years of service and also claimed the benefit of Career Advancement Scheme(CAS)/Assured Career Progressive Scheme and Time Bound Scale Advancement in the next higher pay scale, etc. He has contended that such benefit was given to the private respondent Nos. 5 to 9 and the similar benefit should also be given to him.
(3.) RESPONDENTS contended that the claim of the petitioner for promotion does not lie since his promotion was never denied by promoting his juniors and that his promotion would be considered as and when the superior post would be filled up. It is also contended by the respondents that no order was issued asking him to work in the post of Commercial Manager and that the certificate issued in his favour was not by an authorized person. It is also contended that the schemes of time bound promotion, career advancement scheme or assured career progression scheme, etc. have not been introduced by the respondent No. 1 and such schemes under the ROP of the employees of the State Government have not been introduced/adopted by the respondent No. 1 and so the petitioner cannot claim the facilities available under the ROP Rules of the employees of the State Government. It is contended that the claim of the petitioner is unfounded and is not maintainable.;