SOMA PAUL Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By means of these writ petitions, being W.P(C) No.488 of 2015 (Smt. Soma Pal vs. The State of Tripura), W.P(C) No.489 of 2015 (Smt. Sarmistha Majumder vs. The State of Tripura) and being W.P(C) No.490 of 2015 (Smt. Chandrani Chakraborty vs. The State of Tripura), the petitioners who were appointed to the post of the Senior Instructor, Group-C (Non-Gazetted) in the Tripura Institute of Technology, the TIT in short, under the Higher Education Department, formerly known as the Polytechnic Institute have urged for direction to consider them for promotion to the post of Foreman Instructor preceded by a declaration that the petitioners are eligible for such consideration. Alternatively, the petitioners have urged for direction on the respondents to 'create a promotional avenue for the further post'. Sans a little variation somewhere in the fact, the core question involved, these writ petitions are identical and hence, clubbed together for disposal by a common judgment.

(2.) There is no dispute that the writ petitioner in W.P.(C) No. 488 of 2015, namely Smt. Soma Pal and the writ petitioner in W.P.(C) No.490 for 2015, namely Smt. Chandrani Chakraborty were appointed regularly in the post of Senior Instructor (Chemistry), Group-C w.e.f. 13.12.2007 by the memorandum No.F.7(198)- DHE/NG/2007/(L) dated 24.12.2007. Those petitioners were entertained against the posts created in the fixed pay, keeping the regular scale of pay in abeyance as per the policy of the Government but their appointments are substantive in nature for all purposes. It is to be noted that both the writ petitioners in W.P.(C) No.488 of 2015 and W.P.(C) No.490 of 2015 were engaged initially in the said post of Senior Instructor (Chemistry) on contract basis under the terms as laid in the respective order since 18.10.2004, Annexure-P/3 to the writ petitions of those petitioners. By the communication under No.F.7(198)-DHE/NG/96(L) dated 27.09.2007, Annexure-P/6 to the writ petitions of those petitioners, the Director of Higher Education, Government of Tripura had apprised the Principal-in-Charge, TIT as follows:

(3.) From the recruitment rules for Senior Instructor, Polytechnic Institute published by the notification No.F.1(602)- DSE/Estt.(G)/2001 dated 06.10.2001 it would be apparent that there is another category of Senior Instructor, borne in Group-B gazetted with higher scale of pay Rs.6500-12300 (pre-revised). For recruitment to the said category of Senior Instructors, the following educational qualification and experience are essentially required: