NIRMALENDU DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) In this writ petition under Article 226 of the Constitution of India, the petitioner sought for issuing a writ of certiorari quashing the impugned order bearing No.F.6 (42) -PWD / E/89(S) dated 20.4.1999 by which the petitioner's appointment to the post of Draftsman Grade-II was cancelled by the Engineer-in-Chief, P.W.D., Tripura, Agartala, respondent No.2.

(2.) Bristly, the petitioner's case is that he joined service under the Public Works Department (shortly P. W.D.) Government of Tripura on 29.6.1962 (post to which he was appointed: has not been mentioned in the writ petition). Subsequently he was promoted to the post of Draftsman Grade-III on 8.8.90. He was further promoted to the post of Draftsman Grade-II and joined service on 10.8.90. While the petitioner had completed almost nine years continuous service in the Grade, Draftsman Grade II, the respondent No.2, the Engineer in -Chief, P.W.D., Government of Tripura issued the impugned order dated 20.4.99 by which the petitioner's promotion order dated 8.8.90 has been cancelled without any reason whatsoever, hence this writ petition.

(3.) The respondents contested the case by filing counter affidavit contending, inter alia, that initially the petitioner was appointed as Tracer and subsequently was promoted to the post of Draftsman Grade III on 12.6.81 in the pay scale of Rs.325-665/- subsequently revised to Rs.560-1300/- as per the revision of Pay Rules, 1982. The Petitioner was promoted to the post of Draftsman Grade II on ad hoc basis of course he was allowed to continue for about 9 years, but pursuant to revision of Pay Rules, 1988, the post of Draftsman Grade III was re-designated as Junior Draftsman, Draftsman Grade II as Draftsman and Draftsman Grade I as Senior Draftsman with revised pay scales and thereafter the Petitioner by filing written communication dated 11.10.19818 opted for the post of Junior Draftsman. The ad hoc promotion of the Petitioner to the post of Draftsman Grade II vide order dated 8.8.90 was not permissible under the law and that was done erroneously through oversight which was cured in accordance with the [R.OP Rules, 1988 Fitting the Petitioner against the re- designated post of Junior Draff;sman with revised pay scale of Rs.1300-3220/-. On completion of 10 years service, the Petitioner would get the next higher pay scale of Rs. 1450-3710/- and thereafter the next higher scale of pay of Rs. 1700-3980/- on completion of a further period of 8 years' service. On 8.8.90 while the Petitioner was erroneously promoted, of course on ad hoc basis, to the post Draftsman Grade II the ROP Rules, 1988 which was in vogue and as such the Petitioner's substantive post would have been Junior Draftsman. Since the Petitioner was erroneously promoted on ad hoc basis to the post of Draftsman grade II vide order dated 8.8.90 as in fact and in the eye of law there was no post of Draftsman Grade II on the relevant time, the same was detected and cured by the impugned order and as such the counter affidavit it contains the petition is liable to be dismissed.