Tinku Sarkar vs State Of Tripura And 10 Ors.

Arindam Lodh, J

Heard Mr. S. Bhattacharjee, learned counsel appearing for the petitioner. Also heard Mr. M. Debbarma, learned Addl. GA appearing for respondents nos.1 to 6, Ms. V. Poddar, learned counsel appearing for respondent no.7, Mr. M.L. Roy, learned counsel appearing for respondent no.8 and Mr. D.C. Nath, learned counsel appearing for respondent no.11.

It is the case of the petitioner that during his service in the post of Lower Division Clerk(for short, LDC), a Departmental Promotion Committee(DPC) was constituted for promotion of the LDCs to the post of UDC. The DPC had recommended the names of the eligible candidates, but, the name of the petitioner was kept under sealed cover since he was facing a departmental proceeding.

Mr. Bhattacharjee, learned counsel has submitted that after conclusion of the departmental proceedings, the petitioner was exonerated from the articles of charges levelled against him by order dated 06.04.2017(Annexure 6 to the writ petition).

The grievance of the petitioner was that though he was exonerated from the articles of charges in the year 2017, till today his promotion to the post of UDC was not given effect to, which compelled the petitioner to approach this Court for necessary direction to the respondents.

Mr. Debbarma, learned Addl. GA, on being requested by this Court, obtained instructions, based on which today he has placed the relevant file concerning the petitioner.

It is apparent from the note that the respondents have proposed to create one supernumerary post of UDC to promote the petitioner to the post of UDC. The Finance Department of the State also approved the proposal. The file was sent to the departmental minister and according to his advice the matter is kept withheld due to imposition of the Model Code of Conduct for General Election to Tripura Legislative Assembly, 2023.

Mr. Debbarma, learned Addl. GA has submitted that as soon as the imposition of Model Code of Conduct will be withdrawn, necessary order for promotion of the petitioner to the post of UDC would be passed within next 2(two) weeks thereafter.

In view of the above submission, the matter of promotion of the petitioner is in seisin. Needless to say, in case of promotion of the petitioner to the post of UDC, he would be entitled to all service benefits from the date his juniors were promoted to the post of UDC including arrears of service.

With the aforesaid observations and directions, the instant writ petition stands allowed and thus disposed of.