USA JEN MOG Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. C.S. Sinha, learned counsel appearing for the petitioner as well as Mr. D. Sharma, learned Addl. G.A. appearing for the respondents No.1 & 2 and Mr. P. Datta, learned counsel along with Mr. T. Debbarma, learned counsel appearing for the respondent No.3.

(2.) The controversy in this writ petition falls within a short compass. The petitioner was considered on completion of 12 years in Tripura Civil Service [Grade-II] for appointment to the next higher grade, Tripura Civil Service [Grade-I] by the Departmental Promotional Committee [DPC in short] held on 24.01.2011. There is no dispute that there were clear 11 [eleven] vacancies in the said selection grade. But one of the officers, namely Utpal Majumder who was facing departmental proceeding had been considered but his case was kept under a sealed cover. As a result, out of the said 11 vacancies, the DPC kept one vacancy unfilled against Utpal Majumder. The DPC recommended 10 [ten] officers. The recommendation made by the DPC for 10 [ten] officers has been provided in a tabular form by the respondents No.1 & 2 at their reply. The said formation has not been questioned by the petitioner and hence, the said table is extracted hereunder:

(3.) Mr. C.S. Sinha, learned counsel appearing for the petitioner has submitted that the said denial of the promotion to the petitioner is grossly arbitrary inasmuch as from the minutes of the DPC held on 24.01.2011 it would be evident that out of 11 [eleven] vacancies, 4 [four] were for ST, 3 [three] were for SC and 4 [four] were for UR and the said allotment was made on the basis of inspection report of 100 point roster. For purpose of reference, the relevant part of the DPC minutes is reproduced hereunder: