SANKAR SEN Vs. TRIPURA LEGISLATIVE ASSEMBLY

JUDGEMENT

(1.) HEARD learned senior counsel, Mr. S.M. Chakraborty assisted by learned counsel, Mr. B. Banerjee for the petitioner and learned GA, Mr. T. Datta Majumder as well as learned counsel, Mr. R. Dasgupta for the respondents.

(2.) THE simple case of the petitioner is that he was appointed in the post of Lower Division Assistant (for short, 'LDA ') on 08.03.1996 in the pay scale of Rs. 3300 - 7100/ - in the Tripura Legislative Assembly under respondent Nos. 1 and 2. He is a graduate and he has also the qualification of Diploma in Bengali and English stenography and also having certificate in software operation. Since he was found qualified and efficient for working as a Personal Assistant (for short, 'P.A. '), he was appointed to the post of P.A. to Government Chief Whip in the Tripura Legislative Assembly for rendering services and since long he has been doing the job with all sincerity, devotion and to the satisfaction of the Government Chief Whip. Since he had/have been performing the duties of P.A., he made a representation to the Secretary of Tripura Legislative Assembly for considering his promotion to the post of P.A., which is indisputably a higher post with higher pay scale and responsibility then that of an LDA. The representation was turned down by Memo dated 18.12.2007 (Annexure -5 to the writ petition). He thereafter, issued a demand notice through his learned counsel, Mr. Gopal Bhattacharjee, but his grievance was not redressed. Therefore, he filed the writ petition seeking direction that he is entitled to be promoted to the post of P.A. and to give him all benefits of the post.

(3.) THE petitioner by filing a rejoinder affidavit also brought on record that in the past, there were instance of some other people appointed in the post of P.A. from the clerical post.