AKSHAY KUMAR SHARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) In this application under Article 226 of the Constitution, the petitioner has prayed for quashing the orders dated 5.3.90, 8.3.90 and 8.3.90 issued by the Officer on Special Duty, Transport Department, Government of Tripura to the Managing Director, Tripura Road Transport Corporation to cancel the appointment of the petitioner as P.A. to Chairman of the said Corporation on ad hoc basis and to quash the communication dated 21st March '90 of the Secretary, Govt. of Tripura to the Managing Director of the Corporation to place the appointment of the petitioner as P.A. to the Chairman of the Corporation in the next meeting of the Board of Directors of the Corporation. The petitioner has also prayed for a direction on the respondents to regularise the services of the petitioner and not to cancel his appointment.

(2.) The facts briefly are that the petitioner was appointed as U.D.C. in the Tripura Road Transport Corporation (for short 'the Corporation) and he joined in the said post as U.D.C. on 1.4.74. Thereafter by order dated 23rd April '77 of the General Manager of the Corporation the petitioner was asked to take over formal charge of the P.A. to General Manager and to perform the duties of the P.A. to General Manager of the Corporation in addition to his duties without any extra remuneration. Pursuant to the said order dated 23rd April' 77, the petitioner took over charge of P. A. to General Manager of the Corporation and performed the duties of P.A. in addition to his duties as U.D.C. without any extra remuneration. On 19th and 20th of June, 1978, the Board of Directors of the Corporation in its 54 meeting approved the proposal for recruitment to the vacant post of P.A. to General Manager by inviting applications from eligible candidates through the Employment Exchange subject to requisite qualifications and experiences in the line. The petitioner and other candidates sponsored by the Employment Exchange appeared in an interview for selection to the said post of P. A. to General Manager and a panel of selected candidates was prepared by the Selection Board and sent to the then Chairman of the Corporation for his approval, but the then Chairman of the Corporation did not take any decision on the said recommendation of the Selection Board. As a result the post of P.A. to General Manager could not be filled up. In 1986, Tripura Road Transport Corporation (Officers and Other Employees) Recruitment Regulations, 1986 were made by the Corporation with the previous sanction of the State Govt. under Section 45 of the Road Transport Corporation Act, 1950 (for short the '19150 Act'). In the schedule to Tripura Road Transport Corporation (Officers and Other Employees) Recruitment Regulation, 1986 (for short the 1986 Regulations), the post of P.A. to Managing Director of the Corporation was included and it was stipulated therein that the post will be filled up by promotion from the post of Stenographer having 5 years experience in the grade under the corporation failing which by direct recruitment. No one was however promoted to the said post of P.A. to Managing Director and instead by order dated 6th November' 86, the Managing Director of the Corporation while: promoting the petitioner to the post of Head Clerk asked him to continue to function 'as P.A. to Managing Director and report for duty accordingly. In compliance with the said order, the petitioner joined the said post of Head Clerk, but reserved his right to be appcinted to the post of P.A. to Managing Director of the Corporation on the basis of selection held in the year, 1978. Thereafter by order dated 28th May' 88 the petitioner was appointed to the post of P. A. to.Chairman on ad hoc basis which had been created by the Board of Directors of the Corporation in its 83rd meeting held on 29.4.88. After the petitioner had joined the said post of P.A. to Chairman on ad hoc basis and had worked for almost 2 years, the officer on Special Duty, Government of Tripura issued the impugned letters dated 5.3.90 and 8.3.90 to the Managing Director of the Corporation stating therein that after careful consideration the Government had decided that the ad hoc appointment order issued on 28.5.88 in favour of the petitioner as P.A. to Chairman should be cancelled forthwith. These communications of the Officer on Special Duty, Govt. ,of Tripura were followed by a confidential letter dated 21.3.90 of the Secretary to the Government of Tripura to the Managing Director of the Corporation requesting him to place the order of the Government regarding cancellation of the appointment of the petitioner before the Board of Directors of the Corporation in the next meeting and to communicate the views of the Board to the Government forthwith. Aggrieved, the petitioner has filed this writ petition for appropriate relief.

(3.) When the writ petition was moved before this Court on 6.4.90, this Court while issuing Rule passed an interim order directing that pending hearing of the writ petition the Corporation will not comply with the impugned orders/requests contained in the letters dated 5.3.90 and 8.3.90 of the Officer on Special Duty, Govt. of Tripura, Transport Department and the letter dated 21.3.90 of the Secretary to the Government of Tripura to the Managing Director of the Corporation.