SANKAR SEN Vs. TRIPURA LEGISLATIVE ASSEMBLY; SECRETARY TO TRIPURA LEGISLATIVE ASSEMBLY, GOVERNMENT OF TRIPURA

JUDGEMENT

(1.) This appeal is directed against the Judgment dated 01.12.2015 whereby, W.P. (C) No.422 of 2014 filed by the petitioner was dismissed.

(2.) This case has an interesting history. Earlier, the petitioner had filed W.P. (C) No.85 of 2010 in this Court in which case his claim was that he was appointed as Lower Division Assistant (LDA) on 08.03.1996 in the pay scale of Rs. 3300 7100/- in the Tripura Legislative Assembly. The case of the petitioner further was that soon thereafter, he was asked to work as Personal Assistant (P.A.) to the Government Chief Whip in the Tripura Legislative Assembly. His prayer in the earlier writ petition was that the respondents be directed to promote him to the post of P.A. and to give him all benefits of the post. That petition was heard by one of us (S.C. Das, J.) and in that petition it was held that simply because the petitioner was working as a P.A. to the Government Chief Whip he was not entitled to be promoted to the post of P.A. because promotion must be made according to the service Rules. It was further found that the post of P.A. is a promotional post from the post of Stenographer and not from the post of LDA. Therefore, it was held that the petitioner has no right to claim promotion to the post of P.A. from the post of LDA. The petition was accordingly dismissed. However, while dismissing the petition, it was observed as follows:-

(3.) The petitioner did not file any other petition before the Tripura Legislative Assembly for any relief but thereafter, filed W.P. (C) No.422 of 2014 before this Court and in this case now he claimed the relief that he should be paid salary and allowances of the post of P.A. since he had been admittedly working against the said post right from 1996 till 2014 when he was promoted as UDA.