ILA DEB Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. Samarjit Bhattacharjee, learned counsel appearing for the petitioner as well as Mr. D. Sharma, learned Addl. GA appearing for the respondent No.1 and Mr. K. N. Bhattacharjee, learned senior counsel assisted by Mr. Kohinoor N. Bhattacharjee, learned counsel appearing for the respondents No.2 and 3.

(2.) The petitioner has been serving under the respondents No. 2 and 3 as stenographer since 04.09.1989 without any promotion or financial upgradation. According to the petitioner, the Secretary-cum- Commissioner, Department of Industries and Commerce, Govt. of Tripura by the communication dated 01.12.2003 (Annexure-4 to the writ petition) had informed the Managing Director, Tripura Jute Mills Ltd (the respondent No.3 herein) that the Finance Department has taken a decision in respect of his reference vide UO.NO.73/FIN(PC)/03 dated 25.11.2003.

(3.) It had been clarified by the said decision that the pay scale for the post of stenographer is Rs.4200-8650/- and the next higher pay scales are Rs.5000-10300 and Rs.5500-10700/- respectively on completion of 10(ten) and 17(Seventeen) years of continuous and satisfactory service, as per ROP Rules, 1999 if the incumbent did not get any promotion in the meantime. Thereafter, the respondent No. 3 by the memorandum dated 19.09.2015 (Annexure 3 to the writ petition) had fixed the scale of pay of the petitioner in the pay scale of Rs.5000-10,300/- w.e.f. 01.09.1999 and further, proposed to fix her pay in the pay scale of Rs.5500-10700/- w.e.f. 01.09.2006 on completion of 10 and 17 years of continuous and satisfactory service from the date of joining in the post of stenographer. It is therefore evident that regarding the performance of the petitioner there was no complaint, but surprisingly by the memorandum dated 02.01.2016 (Annexure-6 to the writ petition), the order dated 29.09.2015 (Annexure-5 to the writ petition) was kept in abeyance until further order. In the meantime, as it is evident from the representation dated 15.04.2016 (Annexure-7 to the writ petition), the petitioner filed the writ petition being WP(C)307 of 2007. While disposing the writ petition, Gauhati High Court had directed the respondents to consider promotion of the petitioner to the post of the Personal Assistant to the Managing Director, Tripura Jute Mills Ltd. By a subsequent representation, the petitioner had urged the Managing Director, Tripura Jute Mills Ltd. the respondent No.3 herein, to withdraw the order of abeyance and to give the benefits of the financial upgradation. But no positive action had come forth.