RAIMOHAN MAJUMDER Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. B. Das, learned counsel assisted by Mr. M. N. Indu, learned counsel for the petitioner. Also heard Mr. S. Chakraborty, learned counsel representing the respondents.

(2.) The grievance raised in this petition is in respect of crossing of Efficiency Bar (EB) at the 15th stage in the pay scale of Rs.325-665/-with effect from 26.9.76. It is the case of the petitioner that he has at his credit unblemished service career and consequently he was allowed to cross Efficiency Bar at different stages. However, at the 15th stage, he was not allowed to cross Efficiency Bar without assigning any reason. From the materials on record, it appears that the case of the petitioner was espoused by the controlling authority . By letter dated 1.10.94, the Superintending Engineer, Kumarghat, requested for advice in the matter from the Chief Engineer, PWD. In the letter, it was indicated that no information was furnished by the competent authority as to whether the petitioner had passed the departmental examination on Accounts.

(3.) The respondents in their counter affidavit have justified their action in not allowing the petitioner to cross the Efficiency Bar at 15th stage. According to them, since the petitioner failed to clear the departmental examination, he was not allowed to cross the Efficiency Bar. According to them, clearing the departmental examination is the condition precedent for crossing the Efficiency Bar.