SANKAR SEN Vs. TRIPURA LEGISLATIVE ASSEMBLY AND ORS.

JUDGEMENT

(1.) As agreed to by the learned counsel appearing for the parties, the instant writ petition is taken up for disposal, at this admission stage itself.

(2.) Heard Mr. Somik Deb, learned counsel appearing for the petitioner as well as Mr. N.Majumder, learned counsel appearing for the Tripura Legislative Assembly and for the Secretary to the Tripura Legislative Assembly. Also heard Mr. B.Dutta, learned State Counsel appearing for the respondent, Commissioner and Secretary, Finance Department.

(3.) The simple case of the petitioner is that he was appointed in the post of Lower Division Assistant (for short hereinafter referred to as LDA) on 08.03.1996 in the pay scale of Rs.3300-7100 in the Tripura Legislative Assembly under the respondent No.1 and 2. He is a graduate and he has also the qualification of Diploma in Bengali and English stenography and having certificate in Software operation. Since he was found qualified and efficient for working as Personal Assistant (for short hereinafter referred to as PA), he worked as PA to the 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 PA, he made a representation to the Secretary, Tripura Legislative Assembly for considering his promotion to the post of PA which is indisputably a higher post with higher pay scale and higher responsibility than that of an LDA. The representation was turned down by Memo dated 18.12.2007. He issued a demand notice through his learned counsel but his grievance was not redressed. Thereafter, he filed a writ petition being WP(C) 85 of 2010. The writ petition was heard by a Coordinate Bench of this Court and held that simply because the Government Chief Whip certified that the petitioner has been working as a PA to the Government Chief Whip, he is not entitled to be promoted to the post of PA. It was also noted in the judgment of the writ petition that promotion must follow the Service Rules and it is an admitted position that the post of PA is a promotional post to the post of stenographer and the stenographers are appointed by direct recruitment. The petitioner was appointed in the post of LDA which is a different stream. So, the petitioner, as of right, cannot claim his promotion to the post of PA from the post of LDA. Finally, the writ petition was dismissed. However, liberty was granted to the petitioner to approach the authority to consider his case, if permitted by law.