TAPAN KUMAR ROY CHOUDHURY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) In this application under Article 226 of the Constitution of India, petitioner has ptrayed for issuance of appropriate writ or direction to the respondents to regularise his service in the post of programme officer from 3.10.92 in the scale of pay for the said post, and also arrear salary. Petitioner further prayed for training allowance during his training at :North East Forest Ranger's College, Jalukbari, Assam.

(2.) Case of the petitioner is that he was appointed as Programme Assistant in the department of Tribal Rehabilitation in Plant and Primitive Group Programme,(for short TRP & PGP)vide Annexure-A appointment order dated 4.11.87 and he joined the post on 6.11.87 and his service was confirmed in the post of Programme Assistant. Petitioner was selected for one year Forester's 'Course Training at Regional Forest Training Institute at Sepahijala for the Session 1987-8$ and he successfully completed the course. Thereafter, the petitioner was posted as officer-in-charge of Karboak TR Centre under Jatanbari T R Division. SouthTripura. According to the petitioner the Department of TRP & PGP is the sister department of the Forest Department of Govt. of Tripura. Thereafter, petitioner was selected for undergoing training in the Forest Rangers's training course for the session 1990- 92 at North Eastern Regional Forest Rangers College, Jalukbari, Assam vide Annexure-G order dated 27.7.90 issued by the Director, Tribal Rehabilitation in Plantation & PGP. After completion of his training the petitioner was posted at Teliamura as in-charge Programme officer, Atharamura T R Range vide order dated 22.10.92 and the petitioner joined the post on 10.11.92 and since then he has been discharging his duties as such. Thereafter, the petitioner submitted representations and even served Advocate's notice on respondents for appointing him as Programme officer. In response to the Advocate's notice the petitioner was informed that his case has been examined thoroughly and the Department has not taken any decision regarding recruitment Rules. It has been stated that the Directorate of TRP& PGP is following the Rules and Regulation of Forest Department for all practical purposes, therefore, petitioner has prayed for regularising him in the post of programme officer from 3.10.92. i.e. the date on which he reported for duties as in-charge Programme officer. Hence this petition.

(3.) Respondents have filed affidavit-in- opposition denying the allegations made in the writ petition and stated that the Directorate of TRP & PGP is not a sister department of Forest Department and only some forest officers are working in the said department on deputation basis. It is averred that the petitioner was not entitled to get training allowance during the training period for Forest Rangers course at Jalukbari, Assam. Respondents further stated that the post of forest Ranger. in the Forest Department is not equivalent to the post of Programme officer of the Department of TRP & PGP only the scale of pay of these posts are similar. According to these respondents the petitioner was asked to perform the duties of programme officer as in-charge without appointing him to the post of programme officer and this arrangement was made as stop gap measure. It has been further stated that as there was no Recruitment Rules the respondents could not post any duly appointed Programme officer as the petitioner was not appointed in the post of Programme officer he is not entitled to get the pay scale of that post.