Uttam Malakar vs State Of Tripura And Ors

Heard Mr. A. Acharjee, learned counsel appearing for the petitioner as well as Mr. M. Debbarma, learned Addl. G.A. who has appeared before this court on advance notice.

The facts are mostly admitted in this proceeding. The petitioner while working as the contingent driver in the Panchayat Directorate, was implicated in a Criminal Case being West Agartala P.S. Case No.163 of 1994 under Sections 448/326/307/506/427 of the IPC. After investigation, the final police report was filed against him and in the trail, he was convicted for committing offence punishable under Sections 448/323/427 of the IPC and was accordingly sentenced. However, on appeal, filed before the court of the Additional Sessions Judge, West Tripura, Agartala being Criminal Appeal No.3(1) of 1999, his conviction was upheld but the sentence was modified putting him on probation. Thereafter, the petitioner asked the competent authority to engage him again as contingent driver and that was not favourably responded to.

Finally, being persuaded by the grim financial situation, he had approached the Gauhati High Court which at that point of time had the territorial jurisdiction to take up the subject matter, by filing a writ petition being WP(C)No.459 of 2001 and that was disposed of by the judgment and order dated 17.05.2002 [Annexure-C to the writ petition]. In the said judgment, it was observed that if the petitioner filed a representation seeking job that should be 'sympathetically' considered by the official respondents. Even though, the petitioner filed the representation, there had been no positive yield and finally, waiting till 2009, the petitioner had again approached the Gauhati High Court by filing another writ petition being WP(C)No.186 of 2009. The said writ petition was disposed of by the judgment and order dated 03.07.2014 [Annexure-E to the writ petition]. In the said judgment, it has been observed that without wasting time, the petitioner might again file a representation to the Transport Department with a copy of the letter to the Panchayat Department dated 16.08.2007 along with a copy of the judgment of the Gauhati High Court delivered in WP(C)No.459 of 2001 seeking job on 'compassionate' ground.

The respondents were again directed to sympathetically consider the prayer of the petitioner, as and when the next vacancy would arise. Now the petitioner has agitated before this court that even though the representation was filed, no action has come forward.

Lastly, on 07.12.2019, the petitioner has submitted a further representation along with the judgment dated 03.07.2014 as delivered in WP(C)No.186 of 2009. Even a notice was served on the respondents to grant him the same relief. Nothing positive has happened and again the petitioner has approached this court for directing the respondents.

The petitioner does not have any lien or right on a post and he was working as the contingent driver and as he was convicted in a criminal case, his engagement got terminated. His representation for re-engagement was not considered favourably, as stated.

This court is constrained to observe that this matter relates to consideration of the petitioner's re-engagement and that falls entirely within the exclusive domain of the executive. Hardly, this court can direct the respondents in such matter.

However, this court has interacted with Mr. Debbarma, learned Addl. G.A. who has appeared for the official-respondents. He has very fairly submitted that the petitioner may file a fresh representation seeking re-engagement as a contingent driver and if there is any vacancy, his representation will be considered keeping the perspective fact in consideration, particularly that earlier he had served the Panchayat Directorate for about nine years.

In terms of the said generous submission, the respondents are directed that in the event of the petitioner's filing the representation to the Directorate of Panchayat, if there is any opportunity of engaging the petitioner as the contingent driver, they should without resorting to the technicalities engage him as the contingent driver so that he can tide over the financial difficulty as brought by the turn of the events as indicated above.

With this observation and direction, this writ petition stands disposed of.

There shall be no order as to costs.

A copy of this order be supplied to Mr. M. Debbarma, learned Addl. G.A. appearing for the official-respondents.