JAHARLAL DAS Vs. STATE OF TRIPURA

JUDGEMENT

(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 non-availability of any further promotional avenues from the stream of Naib Subedar (MTO):