MANAS NATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) HEARD learned counsel Mr. D.K. Biswas for the petitioner and learned counsel Mr. A. Ghosh, for the State -respondents. No representation on behalf of respondent No. 4.

(2.) BY order dated 25.07.1996 (Annexure -A to the writ petition) issued by the District Magistrate & Collector, North Tripura, Kailashahar, the petitioner, a Diploma holder Engineer, was appointed in the post of Junior Engineer Grade -II and he was posted in the office of B.D.O., Dasda, Kanchanpur, North Tripura. He joined the post on 07.08.1996. In the year 1996 itself he prayed for permission to the authority for higher studies and he was granted extra ordinary leave to go for higher studies (Bachelor of Engineering) and accordingly, he joined the North -eastern Regional Institute of Science and Technology (for short, NERIST) and completed his bachelor degree in Engineering in the year 1997. By a letter dated 20.01.1998 (Annexure -F to the writ petition), the petitioner submitted his mark sheet and provisional pass certificate of B.Tech to the Joint Secretary, Rural Development Department, Govt. of Tripura informing that since he completed the B.Tech Course and became a degree holder Engineer, he was entitled to up -gradation as Junior Engineer Grade -I. By writing letter, dated 04.03.1998 (Annexure -G to the writ petition), Under Secretary to the Govt. of Tripura, Rural Engineering Department asked the concerned Department to submit original certificate of B.Tech mark sheet and some other information and accordingly those information were furnished. There is no dispute that in the year 1998 itself all relevant documents in respect of the petitioners availing of the B.Tech degree were furnished to the respondents.

(3.) UNFORTUNATELY , in the year 2000 a disciplinary inquiry was initiated against him and during pendency of the disciplinary inquiry, in the year 2000, some Diploma holder Junior Engineers, who completed four years of service and some of them were junior to the petitioner, were allowed movement to Grade -I Junior Engineers scale and a copy of the order dated 11.06.2002 (Annexure -K to the writ petition) is submitted as a proof of the fact. Since the petitioner was deprived of his movement in Junior Engineer Grade -I on both the count of his attaining bachelor degree as well as on his completion of four years of satisfactory service on the ground of pendency of disciplinary inquiry, he moved the High Court by filing WP(C)438 of 2004 and by order dated 09.12.2004 (Annexure -M to the writ petition), the High Court directed that the disciplinary inquiry against the petitioner should be completed within two months from the date of receipt of the copy of the order. Thereafter, indisputably, by order dated 30.03.2005 (Annexure -N to the writ petition), the charges framed against the petitioner was dropped. Thereafter by order dated 04.05.2006 (Annexure -U to the writ petition), the petitioner was allowed movement to Junior Engineer Grade -I from Junior Engineer Grade -II w.e.f. 18th May 2005 on the ground that he obtained B. Tech Degree in Civil Engineering from NERIST. He was not given the movement from the year 1998 when he obtained the B. Tech degree and not even from the year 2000 when he completed 4 years of satisfactory service and hence, felt aggrieved, he filed the writ petition seeking direction to the respondents for giving him the benefit of movement in Junior Engineer Grade -I from the date of passing B. Tech examination in the year 1997 and to modify memo dated 04.05.2006 (Annexure -U) accordingly as well as to direct the respondents to give the benefit of seniority and other consequential benefits of service.