PRADIP KUMAR DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Question arises for consideration, in this writ petition, is as to whether the petitioner, who was promoted to the post of Superintendent (KVI/RAP) on the recommendation of the DPC (duly constituted) on ad hoc basis for an indefinite period vide order of the Director of Industries & Commerce, Tripura dated 14.12.1993, is entitled to the reliefs sought for in the present writ petition for a direction to the respondents to regularize his ad hoc appointment to the said post w.e.f. the date of his initial ad hoc appointment at the time of regularization of ad hoc service vide order of the Director of Industries & Commerce, Tripura dated 2.3.2001. Heard Mr. D. Bhattacherjee, learned counsel appearing for the petitioner as well as Mr. A. Ghosh, learned G.A. appearing for the respondents.

(2.) For appreciating the submission of Mr. Bhattacharjee, learned counsel for the petitioner, a brief reference to the facts leading to the filing of the present writ petition would suffice:

(3.) Pursuant to the said order of the Director of Industries, Tripura dated 14.12.1993 which was effective from the date of issue of the order until further orders, the petitioner continued to serve as ad hoc Superintendent (KVI/RAP) without any break till the ad hoc service of the petitioner was regularized vide another order of the Director of Industries & Commerce, Govt. of Tripura dated 2.3.2001 w.e.f. the date of joining to his place of posting as mentioned against his name. At the time of appointment of the petitioner by promotion on ad hoc basis vide the said order dated 14.12.1993 on the recommendation of the regular DPC (duly constituted DPC) there was no Recruitment Rules (R.R. for short) for the post of Superintendent (KVI/RAP) framed under Art. 309 of the Constitution of India inasmuch as R.R. for the said post under Art. 309 of the Constitution of India was framed only on 30.4.1994.