For vs Mr. R.G. Chakraborty
2021 Latest Caselaw 525 Tri

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                       HIGH COURT OF TRIPURA
                             AGARTALA

                             W.A. No.140/2021

For Appellant(s)                : Mr. P.K. Dhar, Sr. G.A.,
                                  Mr. R.G. Chakraborty, Advocate.
For Respondent(s)               : None.

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY

Order

19/04/2021 (Akil Kureshi, C.J.)

This appeal is filed by the State Government to challenge a

judgment of the learned Single Judge dated 29.01.2021 in WP(C) No.436 of

2017 filed by the present respondent. It appears that the respondent was

awarded a penalty pursuant to departmental proceedings which was quashed

by the High Court by a judgment dated 18.11.2016 in WP(C) No.105 of

2009. It was also directed that the petitioner would be placed in his original

position of his service with all service benefits to which he may be entitled

before the order of punishment was passed. According to the petitioner,

despite these directions he was not granted promotion to the next higher post

of Inspector of Food. He, therefore, filed a fresh petition WP(C) No.436 of

2017 which was allowed by the impugned judgment directing the

respondents to consider the case of the petitioner for promotion, if need be

by creating a supernumerary post.

Learned counsel for the appellant submitted that before the

learned Single Judge it was pointed out that there was no vacancy in the

promotional post for Scheduled Caste reserved category to which the

petitioner belongs. Consequently, none of the juniors of the petitioner were

granted promotion during the interregnum period. The petitioner, therefore,

could not have been granted promotion in absence of availability of vacancy.

Ignoring such pleas of the Government, the learned Single Judge has issued

directions.

Issue notice, returnable for 10.05.2021.

   (S.G. CHATTOPADHYAY), J                        (AKIL KURESHI), CJ




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