ASHOK KUMAR GHOSH Vs. TRIPURA JUTE MILLS LIMITED

JUDGEMENT

(1.) BY filing this writ petition the petitioner prayed for directing the respondents to provide him the benefit of Career Advancement Scheme -I ('CAS -I' for short) in the revised scale of pay of Rs. 6500 -12300/ - with effect from 01.12.1990 and Career Advancement Scheme -II ('CAS -II' for short) in the revised scale of pay of Rs. 7450 -13000/ - with effect from 01.12.1997 as per Tripura State Civil Services (Revised Pay) Rules, 1999 (for short 'TSCS ROP Rules 1999') and further to provide him time bound scale movement from time to time. The petitioner also prayed for giving him the benefit from the post of Work Assistant to the post of Overseer(Civil) with financial benefits admissible to the post of Overseer.

(2.) HEARD learned counsel, Mr. S.C. Das for the petitioner. Heard also learned counsel, Mr. C.S. Sinha for the respondent Nos. 1 and 2 and learned counsel Mr. J. Majumder for the respondent Nos. 3 and 4.

(3.) THE respondent Nos. 1 and 2 contested the writ petition by filing counter affidavit, inter alia, stating that the respondent No. 1, the Tripura Jute Mills Limited is a company managed by the State Government. The TSCS ROP Rules 1999, which is meant for the State Government employees, cannot be made automatically applicable to the employees of the company. A separate ROP Rules for the employees of the respondent No. 1 was made by the Finance Department and there is no provision in the said ROP Rules which is applicable to the petitioner and other employees of the respondent No. 1 of any benefit of CAS and time bound movement. The petitioner is guided by that ROP Rules meant for the respondent No. 1 and a copy of that Rule is annexed as Annexure -R/1 to the counter affidavit. It is also contended by the respondent Nos. 1 and 2 that the petitioner was a Work Assistant having educational qualification upto Class -XI and the petitioner has got no degree or diploma in Engineering and so, there is no question of giving him promotion to the post of Overseer or Assistant Engineer. The petitioner was not appointed to any higher post and so, he is not entitled to any benefit of F.R. 49. It is also contended by the respondent Nos. 1 and 2 that the Tripura Jute Mills Limited (respondent No. 1) is a loss earring concern of the Government of Tripura and it had no financial ability to fill up the vacant posts of the company and, therefore, the petitioner was given additional responsibility of Overseer to run the Civil Engineering Department for which the petitioner cannot claim any extra financial benefit. The Jute Mills since a loss earning concern cannot satisfy the claim of the employees and, therefore, the petitioner is not entitled to any relief.