w w w . L a w y e r S e r v i c e s . i n



Jaharlal Das & Others v/s The State of Tripura, represented by its Secretary-cum-Commissioner, Department of Home, Government of Tripura & Others


Company & Directors' Information:- G DAS & CO PVT LTD [Active] CIN = U74992WB1935PTC008299

Company & Directors' Information:- DAS & CO PVT LTD [Strike Off] CIN = U72100AS1946PTC000740

Company & Directors' Information:- K C DAS PVT LTD [Active] CIN = U15433WB1946PTC013592

Company & Directors' Information:- D K DAS & CO PVT LTD [Active] CIN = U51909WB1938PTC009288

Company & Directors' Information:- U C DAS & CO PVT LTD [Active] CIN = U31200WB1987PTC042709

Company & Directors' Information:- DAS & DAS PVT LTD [Strike Off] CIN = U51109WB1950PTC019222

Company & Directors' Information:- A S DAS CO PVT LTD [Strike Off] CIN = U51109WB1957PTC023552

Company & Directors' Information:- P K DAS & CO PVT LTD [Strike Off] CIN = U74210WB1955PTC022259

    WP(C) Nos. 868 to 871, 1052, 1087 of 2019

    Decided On, 05 March 2020

    At, High Court of Tripura

    By, THE HONOURABLE CHIEF JUSTICE MR. AKIL KURESHI

    For the Petitioners: Arijit Bhowmik, Advocate. For the Respondents: Mangal Debbarma, Addl. G.A.



Judgment Text


Judgment & Order (Oral)

1. These petitions involve similar issues. Facts may be noted in brief:

2. In WP(C) No.868 of 2019, WP(C) No.869 of 2019, WP(C) No.870 of 2019 and WP(C) No.871 of 2019, the material facts are common. We may record them from WP(C) No.868 of 2019 filed by one Sri Jaharlal Das. He was appointed as Havildar (General Duty) in the Tripura State Rifles on 29.01.2000. He was promoted to the post of Naib Subedar (GD) on 14.03.2006. He was imparted special training of Motor Transport Officer of three months between 30.08.2010 to 13.11.2010. He was eligible for being appointed to the post of Naib Subedar (Motor Transport Officer) in terms of Rule 33 of Tripura State Rifles (Recruitment) Rules, 1984 (the Rules, for short). He was appointed to the said post of Naib Subedar (MTO) on transfer on 12.03.2011. Facts of other three petitions in this group are similar though the dates of appointments and promotions may vary.

3. Case of these petitioners is that there are no further promotional avenues from the post of Naib Subedar (MTO) whereas from the post of Naib Subedar (GD) promotion is provided to the next higher post of Subedar (GD). These petitioners have in their entire service career received only one promotion. There is no further promotional avenue in the stream of Naib Subedar (MTO). They had, therefore, filed the said petitions with a prayer for direction to the respondents to create promotional posts so as to provide promotional avenues to them. Pending these petitions, the respondents passed an order dated 21.12.2019 posting all these petitioners back to their original post of Naib Subedar (GD). This order itself, as can be seen from the following portion, was passed in order to redress the grievances of the petitioners of nonavailability of any further promotional avenues from the stream of Naib Subedar (MTO):

“AND WHEREAS, the above mentioned personnel filed requests for providing them promotional avenues beyond the post of Nb/Subedar (MTO) and subsequently filed writ petitions before the Hon’ble High Court Tripura seeking creation of promotional avenues for them in the Motor Transport Wing.

AND WHEREAS, subsequent to their filing of the writ petitions, the issue was again re-examined in-depth at PHQ. After re-examination, it has been decided that their grievance has to be redressed by way of providing them with adequate promotional avenues for their career growth.

AND WHEREAS, these personnel were directly recruited in the General Duty Trade from where they were appointed by way of transfer to the Motor Transport Platoon. As per the existing RRs, a personnel in the Motor Transport Platoon cannot be promoted beyond Naib Subedar (MTO). However, adequate promotional avenues for them exist in the General Duty Trade in which they were initially recruited to. In the General Duty, these personnel can be considered for promotion as per seniority and merit under the existing rules.

NOW THEREFORE, in order to redress their grievance, the above mentioned personnel are hereby transferred as Nb/Subedar (GD) and posted in the Battalion mentioned against their name. They would now be eligible for all promotional avenues applicable as per rules. Their original seniority in the General Duty Trade at the time of their appointment by way of transfer to Motor Transport Platoon shall be restored and the same shall not be affected only due to the reason that they had served in the Motor Transport Platoon as Nb Sub (MTO).”

4. The petitioners amended their petitions and challenged the said order dated 21.12.2019 also. By an order dated 17.01.2020 in separate applications filed by the petitioners, the said order was stayed.

5. In WP(C) No.1052 of 2019 and WP(C) No.1087 of 2019 facts are slightly different which may be recorded from WP(C) No.1052 of 2019 filed by one Sri Jayanta Kr. Chakraborty. Unlike the other petitions of Sri Jaharlal Das and his colleagues, he was appointed to the post of Havildar (Auto Technician) and thereafter he was promoted to the post of Naib Subedar (MTO). The grievances of these two petitioners are limited to non-availability of promotional avenues from the post of Naib Subedar (MTO).

6. Learned counsel for the petitioners submitted that as held by Supreme Court in case of State of Tripura and others vrs. K.K. Roy reported in (2004) 9 SCC 65 the Government must provide at least two promotional avenues during the service span of an employee. He relied on a decision of learned Single Judge of this Court in WP(C) No.199 of 2011 dated 27.01.2017 in case of Shri Asok Bhattacharya and others vrs. The State of Tripura and others. In the said judgment, however, the learned Single Judge had merely left to the discretion of the Government whether further promotional avenues from the post of Naib Subedar (Stenographer) should be created.

7. Counsel submitted that in any case in case of Jaharlal Das and his other colleagues the department was completely wrong in shifting them to the post of Naib Subedar (GD). He pointed out that these petitioners had acquired special training, were brought to the cadre of Naib Subedar (MTO) on transfer. They have been discharging such duties from the year 2011. Their names are shown in the gradation list for the post of Naib Subedar (MTO). In the list of eligible officials in the cadre of Naib Subedar (GD) for promotion to the next higher post their names are not shown.

8. On the other hand, learned Addl. Government Advocate submitted that the proposal for creation of promotional posts from the feeder cadre of Naib Subedar (MTO) is under active consideration of the Government. He, however, submitted that as of now such promotional posts would be made available only to Naib Subedar (MTO) who have been promoted from the lower post of Havildar (Auto Technician).

9. In the context of providing promotional avenues, no directions can be issued for creation of posts. The creation of posts and pay scales that may be attached to such promotional posts are essentially for the administration to consider. Such considerations would depend on range of factors such as, the availability of work, interest of administration, financial burden etc. The Court would not venture into examination of such complex factors and would always leave it to the administration to do the same. It is precisely because in every cadre it is not always possible either to provide promotional avenues or on account of stagnation in the promotional posts to provide promotions to the employees in the feeder cadres though promotional avenues are available, the Government periodically comes up with schemes for granting the benefit of higher pay scales which in popular parlance is referred to in-situ promotions. Such benefits are described under different names such as, Assured Career Progression or Career Advancement Scheme.

10. Coming to the question of re-transfer of the petitioners i.e. Jaharlal Das and his three other colleagues, I do not find that such action is justified. The impugned order itself records that their grievance is of non-availability of promotional avenues from the post of Naib Subedar (MTO). In order to redress such grievance they have been sent back to their original posts of Naib Subedar (GD). When the petitioners have in clear terms through their advocate before me indicated their preference for being continued on the post of Naib Subedar (MTO), such action must be set aside.

11. There are other reasons also for adopting such course. Firstly, as per Rule 33 of the said Rules, the post of Naib Subedar (MTO) is to be filled by transfer of General Duty Naib Subedar, failing which from amongst Havildars (Auto Technician), failing which from amongst Havildars (Driver) who should have certain minimum educational and experience qualifications. Thus, the post of Naib Subedar (MTO) is to be filled, by way of first preference by transfer of Naib Subedar (GD). Only if this source fails, the second option can be exercised namely by way of promotion from the post of Havildar (Auto Technician). When the petitioners were already appointed on the post of Naib Subedar (MTO) way back in the year 2011, discharging their duties satisfactorily and are still willing to

Please Login To View The Full Judgment!

continue to do so, it cannot be stated that the first source for filling up of the said post has dried up. 12. Under the circumstances, impugned order dated 21.12.2019 challenged in WP(C) No. 868 of 2019, WP(C) No.869 of 2019, WP(C) No.870 of 2019 and WP(C) No.871 of 2019 is set aside. With respect to creation of promotional post from the post of Naib Subedar (MTO), it is left to the Government to take a policy decision. The question whether as and when such promotional post is created, the same can be made available only to Naib Subedar (MTO) who are promoted from the lower post of Havildar (Auto Technician) is left open. Firstly, no such situation as to decide the legality of such an action has arisen. Secondly, there is no full material or arguments made before me for such purpose. 13. All petitions are disposed of accordingly. Pending application(s), if any, also stands disposed of.
O R







Judgements of Similar Parties

30-09-2020 Siddhartha Das Versus State of West Bengal & Others High Court of Judicature at Calcutta
29-09-2020 Dharam Das Versus State of U.P. High Court of Judicature at Allahabad
28-09-2020 Union of India The General Manager, North East Frontier Railway, Guwahati Versus On The Death of Baneswar Das His Legal Heir Manju Das & Others High Court of Gauhati
25-09-2020 Shanti Ranjan Das Versus The District Election Officer, 17-Barasat Parliamentary Constituency High Court of Judicature at Calcutta
25-09-2020 Asi (Steno) Hrishikesh Das Versus The State of Assam Rep. By The Commissioner & Secretary to the Govt of Assam & Others High Court of Gauhati
17-09-2020 Smti Renu Das Versus Bhaskar Das High Court of Gauhati
05-08-2020 Sudhindra Das Versus Assam Fisheries Development Corporation Ltd & Others High Court of Gauhati
27-07-2020 Punjab National Bank, Guwahati Versus Madhab Kumar Das & Another & Others High Court of Gauhati
09-07-2020 Gouri Das & Others Versus Nani Bhattacharjee & Others High Court of Judicature at Calcutta
09-07-2020 Sukhram & Others Versus Kumar Das Mahant & Others High Court of Chhattisgarh
07-07-2020 Bibhuti Ranjan Das Versus Gouri Das High Court of Tripura
26-06-2020 Sri Ananta Das, Assam & Others Versus Union of India, Represented by the Secretary to the Government of India, Ministry of Agriculture, New Delhi & Others High Court of Gauhati
19-06-2020 Sri Bhaskar Das Versus Renu Das High Court of Gauhati
19-06-2020 Jitumoni Das Versus Sri Hirakjyoti Das High Court of Gauhati
19-06-2020 Sri Bhaskar Das Versus Renu Das High Court of Gauhati
17-06-2020 Jiten Das & Others Versus Matiary Vivekananda Shikshalay & Another High Court of Judicature at Calcutta
09-06-2020 Raghunandan Das & Others Versus State of Tripura & Others High Court of Tripura
08-06-2020 Bharati Das & Others Versus Jorhat Municipal Board & Others High Court of Gauhati
08-06-2020 Dr. Debajit Das & Another Versus Williamson Magor Education Trust & Others & Others High Court of Gauhati
02-06-2020 Rakesh Kumar Das Versus State of Tripura High Court of Tripura
01-06-2020 Nagen Chandra Das & Others Versus The State of Assam, Rep. by the Comm. And Secy., Deptt. of Urban Development Deptt., Dispur & Others High Court of Gauhati
29-05-2020 Milon Das Versus State of Meghalaya & Another High Court of Meghalaya
14-05-2020 Ramakanta Das & Others Versus The State of Tripura Represented by the Secretary, Government of Tripura, Home Department, Agartala High Court of Tripura
12-05-2020 Soumyashree Das Versus Governing Body of Biren Mitra Memorial Womens College & Others High Court of Orissa
04-05-2020 Sanju Sukla Das Versus The State of Tripura High Court of Tripura
20-03-2020 Joydeb Das Versus The State of West Bengal High Court of Judicature at Calcutta
20-03-2020 Suresh Chandra Das Versus The State of Tripura to be represented by the Chief Secretary to the Government of Tripura, Civil Secretariat, New Secretariat Complex, West Tripura & Another High Court of Tripura
20-03-2020 Narottam Das & Others Versus The State of West Bengal High Court of Judicature at Calcutta
19-03-2020 Nibu Das Proprietor, Haritha Theeram, Thiruvananthapuram Versus M/s. Pothys Pvt. Ltd. Represented by Its General Manager, Savanan & Others High Court of Kerala
18-03-2020 Vishvajeet Dass @ Vishvanath Das @ Vishwa Versus State High Court of Delhi
17-03-2020 Surajit Das Versus The Cholamandalam Investment and Finance Ltd. & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
16-03-2020 Nabakishore Das Versus Republic of India High Court of Orissa
12-03-2020 Chinu Das & Others Versus Nimai Debdas High Court of Tripura
06-03-2020 Nirpen Chandra Das Versus The Union of India, Represented by the Secretary to the Government of India, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
05-03-2020 Debiprasad Chatterjee Versus Chaitali Das West Bengal State Consumer Disputes Redressal Commission Kolkata
04-03-2020 Sudam Das Purkayastha Versus The Union of India, Represented by the Secretary, Ministry of Home affairs, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
04-03-2020 Shine Das Versus Deepthi High Court of Kerala
04-03-2020 Suryaneel Das Versus The State of West Bengal & Others High Court of Judicature at Calcutta
27-02-2020 Pradip Debnath Versus Babul Das & Others High Court of Tripura
27-02-2020 Chander Kanta Kainth & Others Versus Tulsi Das Talreja High Court of Delhi
26-02-2020 Saani Das Versus The State of West Bengal & Others High Court of Judicature at Calcutta
25-02-2020 Proprietor, Gandhi Institute of Management & TechnologyProprietor Sarbani Das Versus Alok Kumar Jha National Consumer Disputes Redressal Commission NCDRC
21-02-2020 Sunipa Das Versus Securities and Exchange Board of India SEBI Bhavan SEBI Securities amp Exchange Board of India Securities Appellate Tribunal
19-02-2020 Suvayan Chakraborty, Prop., King Construction Versus Subhendu Bikash Das West Bengal State Consumer Disputes Redressal Commission Kolkata
19-02-2020 Chitta Ranjan Das & Others V/S Jyotsna Das & Others High Court of Delhi
18-02-2020 Chandan Maity Versus Ananta Kumar Das High Court of Judicature at Calcutta
17-02-2020 Bhima Charan Das & Another Versus Rampada Mondal & Others High Court of Judicature at Calcutta
14-02-2020 IDBI Bank Ltd. Versus Sadananda Das West Bengal State Consumer Disputes Redressal Commission Kolkata
14-02-2020 Gurupada Das Versus The State of West Bengal High Court of Judicature at Calcutta
14-02-2020 Sociedade Patriotica Dos Baldios Das Novas Conquistas Versus The State of Goa, through Chief Secretary, Secretariat & Others In the High Court of Bombay at Goa
13-02-2020 Debendra Das Versus Union of India Through General Manager & Others Central Administrative Tribunal Guwahati Bench Guwahati
12-02-2020 M/s. Mahakaleswar Construction & Another Versus Palash Das & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
11-02-2020 The Deputy Director, Sub-Regional Office, Employees State Insurance Corporation, Thiruvananthapuram & Another Versus Surendra Das, Proprietor, Hotel Sree Visakh, Thiruvananthapuram & Others High Court of Kerala
10-02-2020 Gopal Das & Others Versus The State of Tripura & Others High Court of Tripura
07-02-2020 Arati Das Versus Sabitri Enterprise, Rep. by prop., Mukto Roy West Bengal State Consumer Disputes Redressal Commission Kolkata
06-02-2020 Mati Das Versus The Union of India Represented by the General Manager, N.F. Railway, Maligaon & Others Central Administrative Tribunal Guwahati Bench Guwahati
05-02-2020 Arati Das & Others Versus Promodh Ranjan Das & Another High Court of Judicature at Calcutta
04-02-2020 Union of India & Others Versus Gopaldas Bhagwan Das & Others Supreme Court of India
01-02-2020 Bipul Chandra Das & Another Versus Rakhi Acharjee & Others High Court of Tripura
31-01-2020 Sanjay Vithal Das Sampat Versus Government of India, Ministry of Commerce & Industry, Central Secretariat, New Delhi, Represented by Its Secretary & Others High Court of Kerala
30-01-2020 Suani Das Versus CPIO Medical Council of India Central Information Commission
24-01-2020 Andhra Hosiery, Mens Garmentsand & Another Versus Lakshman Das & Others High Court of for the State of Telangana
22-01-2020 Bharati Ghosh Versus M/s. Rajib Home Solutions Rep. by its prop., Rajib Das West Bengal State Consumer Disputes Redressal Commission Kolkata
21-01-2020 Pranati Das @ Puja Shil Versus The State of West Bengal High Court of Judicature at Calcutta
14-01-2020 Md. Imran & Another Versus Snehasis Das & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
14-01-2020 Biswaranjan Das & Another Versus M/s. K.C. Panja & Sons & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
10-01-2020 Sanjay Das Versus State of Assam & Another High Court of Gauhati
08-01-2020 Mahanth Kalyan Das & Others Versus State of U.P. & Another High Court Of Judicature At Allahabad Lucknow Bench
08-01-2020 Parikshit Das Versus Allahabad Bank National Consumer Disputes Redressal Commission NCDRC
07-01-2020 Rakeh Kumar Das Versus State of West Bengal & Others High Court of Judicature at Calcutta
03-01-2020 Partha Das Versus Blue Line Arrow & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
02-01-2020 Babita Das Konar Versus M/s. Solace Management Consultancy Service(P) Ltd. National Consumer Disputes Redressal Commission NCDRC
24-12-2019 Basanta Das Versus Shyamali Das High Court of Judicature at Calcutta
23-12-2019 Quasim Ali Versus Sajal Baran Das & Another High Court of Judicature at Calcutta
20-12-2019 Samarendra Das, IFS, East Agartala, West Tripura Versus The Union of India, Represented by the Secretary to the Government of India, Ministry of Environment & Forests, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
18-12-2019 State of Odisha & Others Versus Bichitrananda Das Supreme Court of India
13-12-2019 Sri Prabodh Ch. Das & Another Versus Mahamaya Das & Others Supreme Court of India
13-12-2019 Ashim Kr. Ghosh & Another Versus Dinesh Kr. Das & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
12-12-2019 M. Siddiq (D) Thr. Lr. Versus Mahant Suresh Das & Others Supreme Court of India
10-12-2019 Monika Das & Others Versus State of West Bengal & Others High Court of Judicature at Calcutta
06-12-2019 Manik Lal Das Versus The State of West Bengal & Others High Court of Judicature at Calcutta
06-12-2019 Gautam Das & Others Versus The State of Madhya Pradesh & Others High Court of Madhya Pradesh Bench at Indore
28-11-2019 Ranjan Das Versus Subrata Bondyopadhyay & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
26-11-2019 UJjal Das Versus Union of India, Represented by the Secretary, To the Government of India, Central Public Works Departments (CPWD), New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
26-11-2019 Bijay Chandra Das Versus Union of India, Represented by the Secretary, To the Government of India, Central Public Works Departments (CPWD), New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
26-11-2019 Prasanta Kumar Das & Others Versus Union of India, Represented by the Secretary, Government of India, Ministry of Water Resources, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
26-11-2019 G. Hudson Das Versus The Registrar General, High Court Madras, Chennai & Another High Court of Judicature at Madras
19-11-2019 Bhagwan Das Bhajanka (Deceased) Through His Lrs. Versus Bimala Devi Goyal Supreme Court of India
16-11-2019 K.S. Anoop Das Versus State of Kerala Represented by Chief Secretary To Government, Government Secretariat, Thiruvananthapuram High Court of Kerala
14-11-2019 Jayanti Das Nath Versus The Union of India, Represented by the Secretary, To the Govt. of India, Ministry of Defence (D), New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
13-11-2019 Montu Lal Das Gupta V/S The Union of India, Represented by the Secretary, to the Government of India, Ministry of Health, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
09-11-2019 M. Siddiq (D) thr. L.Rs V/S Mahant Suresh Das and Others.* Supreme Court of India
25-10-2019 Uttam Kayal Versus Shila Mondal (Das) Developer & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
24-10-2019 Devashish Das Versus Bharati Dey Das High Court of Gauhati
10-10-2019 Fernando Aluisio Das Angustias (Dr.) & Others Versus Delta Air Lines & Others Goa State Consumer Disputes Redressal Commission Panaji
10-10-2019 Narayan Das Najwani & Others Versus Sahara Prime City Ltd. & Others Rajasthan State Consumer Disputes Redressal Commission Jaipur
10-10-2019 Bajaj Allianz Life Insurance Co. Ltd. & Others Versus Goverdhan Das Rijhwani & Others Rajasthan State Consumer Disputes Redressal Commission Jaipur
01-10-2019 Bula Das & Another Versus Rabi Hati West Bengal State Consumer Disputes Redressal Commission Kolkata
01-10-2019 Joydeb Das & Another Versus Vedic Conclave Pvt. Ltd. & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
01-10-2019 Utpal Das, Superintendent, Office of CGST, Guwahati Versus The Union of India, Represented by the Secretary to the Government of India, Department of Revenue , Ministry of Finance, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati