STATE OF TRIPURA Vs. PRADIP KUMAR DEBBARMA

JUDGEMENT

(1.) This appeal is filed by the State Government to challenge the judgment of the learned Single Judge, dated 29th January 2021, passed in WP(C) No.437/2017. The respondent herein original petitioner had filed the said petition with a prayer that he should be promoted to the post of Sub-Divisional Controller considering his total length of service and seniority and that such promotion should be granted with retrospective effect from the year 2010.

(2.) Briefly stated, the facts are that the petitioner was appointed as a Junior Store Keeper in the State service on 30th April 1990 in the Directorate of Food and Civil Supplies Department. Under a memorandum, dated 20th April 1998, a charge sheet was framed against the petitioner. The disciplinary authority held that the charges were proved. Appellate authority confirmed the decision. This resulted into imposition of penalty on the petitioner in the year 2003 by which a recovery of an amount of Rs.2,44,238/- was ordered against the petitioner.

(3.) In the year 2007, persons junior to the petitioner in his cadre of Store Keeper were promoted to the post of Inspector (Food). The petitioner was not promoted. He, therefore, filed WP(C) No.276/2012 which was decided by the learned Single Judge by a judgment dated 27th January 2016. The respondents were directed to convene a review Departmental Promotion Committee (DPC) and consider the case of the petitioner as on the due date when his juniors were promoted. This exercise led to the petitioner's promotion as Food Inspector w.e.f. 3rd January 2007. On the basis of his retrospective promotion and improved seniority position, the petitioner claimed further promotion to the post of Sub-Divisional Controller which was not granted to him by the department. The petitioner, therefore, filed the present petition with a prayer for grant of such promotion with retrospective effect from the year 2010.