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HIGH COURT OF TRIPURA
AGARTALA
WP(C) No.277 of 2024
Kunthal Das, Age-37 years,
S/o-Lt. Gouranga Ch. Das, resident of Town Rajarbag, Udaipur, P.O. & P.S.-
R.K. Pur, District-Gomati Tripura, Pin-799120.
….Petitioner(s)
Versus
1. The State of Tripura, to be represented by the Secretary, Rural
Development Department, Government of Tripura, New Secretariat Complex,
Kunjaban, Agartala, West Tripura, Pin-799010.
2. The Chief Engineer, RD Department, Govt. of Tripura, Gurkhabasti,
Agartala, West Tripura, Pin-799006.
3. Sri Debasish Das, Assistant Engineer, presently posted at O/o the SDO,
Belonia Sub-Division
(Notice may be served through the Chief Engineer, RD Department, Govt.
of Tripura)
4. Sri Sumit Chandra Nag, Assistant Engineer, presently posted at O/o RD
Dharmanagar Division,
(Notice may be served through the Chief Engineer, RD Department, Govt.
of Tripura)
5. Sri Subhrajit Das, Assistant Engineer, presently posted at O/o the RD
Salema, Sub-Division,
(Notice may be served through the Chief Engineer, RD Department, Govt.
of Tripura)
….Respondent(s)
For the Petitioner(s) : Mr. P. Roy Barman, Sr. Advocate
Mr. K. Nath, Advocate
Mr. S. Bhattacharjee, Advocate
Mr. D. Paul, Advocate
Ms. A. Debbarma, Advocate
For the Respondent(s) : Mr. Kohinoor N. Bhattacharyya, GA
Date of hearing & delivery : 30.11.2024
of judgment & order
Whether fit for reporting : No
HON’BLE MR. JUSTICE ARINDAM LODH
Judgment & Order (Oral)
Heard Mr. P. Roy Barman, learned senior counsel assisted by Mr.
K. Nath, learned counsel appearing for the petitioner. Also heard Mr. Kohinoor
N. Bhattacharyya, learned GA appearing for the respondents-State.
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The brief fact of the case is that the petitioner while serving as
Junior Engineer, Grade-I had passed departmental examination on 19.12.2022 to
make himself eligible to be considered for promotion to the post of Assistant
Engineer under the respondents. It is the case of the petitioner that his juniors
were promoted, but, he was not considered for promotion to the post of Assistant
Engineer despite his eligibility. The petitioner submitted representation, but, that
was not considered compelling him to approach this Court by way of filing the
instant writ petition seeking a direction to issue a writ in the nature of mandamus
upon the respondents to consider his promotion to the post of Assistant
Engineer.
Mr. Roy Barman, learned senior counsel for the petitioner has
submitted that since the petitioner was eligible on the date of consideration of
promotion to the post of Assistant Engineers, his name was excluded from
consideration for promotion to the post of Assistant Engineer most illegally and
arbitrarily. Learned senior counsel has further submitted that the respondents in
their counter affidavit have stated that the fact that the petitioner had passed
departmental examination was not within their knowledge.
On the other hand Mr. Bhattacharyya, learned GA for the
respondents-State has submitted that the process of promotion to the post of
Assistant Engineer on ad-hoc basis was taken up to keep consistency with the
policy of the State Government. The respondents had taken up the process of
promotion to the post of Assistant Engineer from the post of Junior Engineer,
Grade-I on 06.12.2022. During the process they found that the juniors of the
petitioner had passed the departmental examination after the date of initiation of
the process. According to the respondents, the department had considered the
promotion of those Junior Engineers, Grade-I who had completed departmental
examination prior to 06.12.2022 when the process of promotion was initiated.
The name of the petitioner was not considered as he had passed the departmental
examination on 19.12.2022 and by that time the process was completed
consequent to which the recommended Junior Engineers were appointed under
notification dated 28.12.2022. Learned GA has further submitted that the
recruitment rules framed for promotion to the post of Assistant Engineer from
the post of Junior Engineer, Grade-I clearly stipulates at Clause 11(b) that Junior
Engineers, Grade-I have to pass departmental examination for consideration of
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promotion to the next higher post i.e. Assistant Engineer. So, since the rule was
framed under Article 309 of the Constitution of India it must strictly be
followed.
I have considered the submissions of learned counsel appearing for
the parties.
Admittedly, the petitioner had not passed the departmental
examination prior to the date of initiation and consideration of the process of
promotion taken up by the respondents to fill up the vacant post of Assistant
Engineers.
At this juncture, Mr. Roy Barman, learned senior counsel for the
petitioner has submitted that the Court may direct the respondents to consider the
matter of promotion of the petitioner to the post of Assistant Engineer since his
juniors were already promoted.
I have considered this submission.
It is settled proposition of law that whether a post will be filled up
or not is absolutely within the prerogative of the respondents. Even, keeping this
principle in mind, I request the respondents to consider the promotion of the
petitioner to the post of Assistant Engineer since, according to the petitioner,
vacancy in the rank of Assistant Engineer still exists.
The instant writ petition stands disposed in the above terms.
JUDGE
Snigdha
Digitally signed
SANJAY
by SANJAY
GHOSH
GHOSH
Date: 2024.12.02
14:11:51 +05'30'