AI Structured Summary
Not yet generated for this judgment
Judgment
Arindam Lodh, J
Heard Mr. R.G.Chakraborty, learned counsel appearing for the petitioner. Also heard Mr. D.Sarma, learned Addl.G.A. appearing for the State-respondents.
It has been submitted by Mr. Sarma, learned Addl. G.A. that the reliefs sought for by the petitioner in his writ petition have already been granted by the State-respondents. Mr. Sarma has produced the order dated 4th August, 2021 which is reproduced here-in-below for ready reference:-
"NO.F.1(4-5)-ESSTT/PR/2016(Vol-I)/10,569-576
GOVERNMENT OF TRIPURA
DIRECTORATE OF PANCHAYATS
Dated, Agartala, the 4th August,2021.
ORDER
Sri Renu Debbarma, Head-Clerk, is hereby temporarily appointed on promotion to the post of Office Superintendent, Group-B, Non-Gazetted on ad-hoc basis as a one-time measures in the Pay Band-3 of Rs.10230-34800/- with Grade Pay of Rs.4600/- (Pre-revised) now Level-12 of Tripura State Pay Matrix-2018 under the Tripura State Civil Services (Revised Pay) (First Amendment) Rules, 2018 with prospective effect.
His pay & scale to the post of Office Superintendent, Group-B, Non-Gazetted shall be fixed under the normal rules under Tripura State Civil Services (Revised Pay) (First Amendment) Rules,2018.
This ad-hoc appointment on promotion shall not be treated as regular appointment on promotion.
He shall report for duty in the existing place of posting immediately.
The expenditure involved on this account is debitable under Head of Account "2515-00-001-98-23-01"(Salaries).
This is without prejudice to the SLP pending before the Hon'ble Supreme Court and this promotion order is issued subject to outcome of SLP(C) No.19765-19767 of 2015 pending before the Hon'ble Supreme Court.
This is issued with the approval of the Govt. in the RD (Panchayat) Department vide U.O. No.194/Secy.R.D.(Panch), dated 15-7-2021.
(D. Reang)
Director of Panchayats
Government of Tripura"
Mr. Chakraborty, learned counsel appearing for the petitioner has made a prayer to give effect of the promotion order retrospectively. In my opinion, this is not a regular promotion. This promotion has taken place in view of the recent promotional policy adopted by the Government. Whether this promotion will be prospective or retrospective, it will be decided after finalization of the Supreme Court order.
The State-respondents considering the seniority position had considered the promotion of the petitioner to the next higher post on ad-hoc basis, which does not suffer from any illegalities. The other reliefs claimed by the petitioner shall remain open.
In view of this, the present writ petition stands infructuous.