Tripura High Court
Unknown vs The State Of Tripura on 14 September, 2021
Page 1 of 11
HIGH COURT OF TRIPURA
AGARTALA
WP(C) No.419 of 2021
1. Shri Haripada Das, Assistant Inspector General of Police
(Welfare), Police Head Quarters, Fire Brigade Chowmohani, A.K. Road,
PO and Sub-Division - Agartala, PS - West Agartala, District - West
Tripura, aged about - 59 years.
2. Sri Pinaki Samanta, Superintendent of Police, Government
Railway Police, Police Hospital Complex, A.D. Nagar, PO - A. D. Nagar,
Agartala, District - West Tripura, aged about - 46 years.
3. Sri Amarjit Debbarma, Commandant, 1st and 11th Bn.
Tripura State Rifles, Gakulnagar, PO- Gakulnagar, Sub-Division-
Bishalgarh, District - Sepahijala, aged about - 45 years
4. Sri Manik Das, Superintendent of Police, West Tripura District,
Fire Brigade Chowmohani, A.K. Road, PO and Sub-Division- Agartala,
PS- West Agartala, District - West Tripura, aged about 50 years.
5. Sri Bijoy Debbarma, Superintendent of Police, Security, West
District Police Lines, PO- A.D. Nagar AD, Sub-Division - Agartala,
District - West Tripura, aged about 50 years.
6. Sri Dilip Ray, Principal of KTDS Police Training Academy,
Narsinghgarh, PO- Bimangarh, PS- Airport, District- West Tripura and
Assistant Inspector General of Police to the Hon'ble Chief Minister,
Tripura, New Secretariat Complex, Gorkhabasti, Agartala, PO- Kunjaban,
PS - New Capital Complex, Sub-Division- Agartala, District - West
Tripura, aged about 54 years
7. Sri Nagendra Debbarma, Superintendent of Police, Procurement,
West Tripura Police Lines, PO- A. D. Nagar, Sub-Division- Agartala,
District - West Tripura, aged about 58 years
8. Sri Timir Das, Commandant 2nd Bn. Tripura State Rifles, R.K.
Nagar, PS - Budhjungnagar, PO - R.K. Nagar, District - West Tripura, aged
about 47 years
9. Sri Ananta Das, Assistant Inspector General of Police(Training),
Police Head Quarters, Fire Brigade Chowmohani, A.K. Road, PO and Sub-
Division - Agartala, PS- West Agartala, District - West Tripura, aged about
55 years.
10. Ari Apan Jamatia, Assistant Inspector General of Police
(Housing and Construction), Police Head Quarters, Fire Brigade
Chowmohani, A.K. Road, PO and Sub-Division- Agartala, PS- West
Agartala, District - West Tripura, aged about 50 years.
Page 2 of 11
11. Sri. Lalhruaia Darlong, Commandant, 13th BN Tripura State
Rifles Subhash Nagar, PS- Kanchanpur, PO- Kanchanpur, District- North
Tripura, aged about 55 years
12. Sri Biplob Deb, CommandantA., Ch. Rama Rao Training Centre, R.
K. Nagar, PS- Budhgunjnagar, PO- R.K. Nagar, District -West Tripura,
aged about 54 years
13. Sri Nabadwip Debbarma, Commandant, CIAT School,
Kachucherra, PS- Kachucherra, PO- Kachucherra, District - Dhalai, aged
about 44 years
14. Sri Rothlunga Darlong, Commandant, 10th BN Tripura State
Rifles, Barjala, Narikel Bagan, PS- Jirania, PO- NIT Complex, District -
West Tripura, aged about 46 years.
15. Sri Kishore Debbarma, Superintendent of Police, Dhalai District,
Ambassa, PO and Sub-Division- Ambassa, PS- Ambassa, District - Dhalai,
aged about 41 years
.....Petitioners.
-VERSUS-
1. The State of Tripura,
represented by the Principal Secretary, GA (P&T) Department,
Government of Tripura, having his office at New Secretariat Complex,
Gorkhabasti, Agartala, PO- Kunjaban, PS - New Capital Complex, Sub-
Division - Sadar, District - West Tripura.
2. The Director General of Police, Tripura
having his office at Akhaura Road, PS - West Agartala, Sub-Division -
Sadar, District - West Tripura
3. The Secretary,
Finance Department, Government of Tripura, having his office at Akhaura
Road, Agartala, PS - West Agartala, Sub-Division - Sadar, District - West
Tripura.
....Respondents.
For Petitioner (s ) : Mr. S. Lodh, Advocate
For Respondent (s) : Mr. D. Sarma, Additional GA
Date of hearing and delivery
of judgment & order : 14.09.2020
Whether fit for reporting : Yes/No
HON'BLE MR. JUSTICE ARINDAM LODH
JUDGMENT & ORDER
Heard Mr. S. Lodh, learned counsel for the petitioners. Also heard
Mr. D. Sarma, learned Additional GA appearing for respondents.
2. By means of filing the present writ petition, the petitioners, who at
present hold the post of TPS Grade-I have prayed for implementation of the
decision of the State government to identify atleast 7% of the posts of TPS
cadre or more for creating/upgrading as Senior Selection Grade post in TPS
in the line of TCS cadre, as reflected in the letter of GA(P&T) Department
bearing No. F.10(5)-GA(P&T)/04 dated 30.03.2007 and/or to formulate
appropriate scheme for minimum two avenues of promotion in Tripura Police
Service with appropriate pay-scale at par Tripura Civil Service.
3. The background facts in brief, are that, the petitioners successfully
completed a combined competitive examination for direct appointment to the
posts of Tripura Civil Service Grade- II and Tripura Police Service Grade II
(here-in-after referred to as "TCS Grade-II" and "TPS Grade II") conducted
by Tripura Public Service Commission (for short "TPSC"). The petitioners
had joined to the post and rank of Deputy Superintendant of Police (for short,
"DSP") in Grade-II of the cadre of TPS. When the petitioners appeared in the
competitive examination and joined in the service, both TPS and TCS were
comprised of only with two grades, namely, Grade-II and Grade-I, it being
the promotional post. While the petitioners were continuing as Grade-II TPS
officers, the Government of Tripura in the year 2005, amended the Tripura
Civil Service Rules, 1967, vide 25th Amendment of Tripura Civil Service
Rules, 1967, and created another higher grade for TCS cadre, namely, „Senior
Selection Grade‟. As such, from the year 2005 onward, the TCS cadre
comprised of three grades, namely, Grade-II, Grade-I (selection grade) and
Senior Selection Grade (SSG) with enhanced pay structures as prescribed for
said 3 (three) grades. As a result, Career Progression and Career Growth in
TCS cadre with two promotions had been ensured by the State-government.
4. Following the government decision to create two promotional avenues
for TCS officers, to bring parity and to avoid discrimination amongst the
officers who were appointed after successfully completing the combined
examination, the government i.e. respondent No. 1, apprised the Director
General of Police, Tripura, respondent no. 2 herein, by communication dated
30.03.2007 under reference No. F.10(5)-GA(P&T)/ 04, and even No. dated
27th September, 2008, in respect of the fact that the State government had
decided to create a new grade, namely, „Senior Selection Grade‟ in Tripura
Police Service.
5. The respondent No. 1 further requested the respondent no. 2 for
immediate response, and to take necessary steps to implement the said policy
decision. During continuation of their services as Grade-II, the petitioners
were promoted to the post of TPS Grade-I, but, due to inaction of the
respondents, they could not avail further promotion as the respondents could
not complete the process of implementation of its decision to create the post
of „Senior Selection Grade‟ (SSG, for short) by way of necessary amendment
of relevant Tripura Police Service Rules, 1967. The petitioners have further
stated that though they appeared in the same examination and became
successful, they are getting lesser pay than those of the officers who became
successful in the same combined examination and joined as TCS Grade-II
officers.
6. In crux, the petitioners by way of filing the present writ petition only
have prayed for enforcement/implementation of the policy decision, which
had already been taken by the government for creation of a new grade,
namely, „Senior Selection Grade‟ in Tripura Police Service, almost in the line
with that of the TCS.
7. Mr. S. lodh, learned counsel for the petitioners during his deliberations
has further urged to bring parity in the pay structure of TPS officers with
those of TCS officers for holding same grade.
8. Mr. D. Sarma, learned Additional GA in his usual fairness has admitted
that the government had already taken a decision to create a new grade,
namely, „Senior Selection Grade‟ in the Tripura Police Service to bring parity
amongst the officers of TCS and TPS.
9. I have considered the submission of the learned counsel appearing for
the parties to the lis. On perusal of the communication dated 30.03.2007 it
comes to fore that the State government had taken a policy decision to create
a new grade, namely, "Senior Selection Grade" in the Tripura Police Service
in the line of TCS. It was also decided that the duty posts in the Senior
Selection Grade of TPS would be 7% of the total cadre strength. By
communication dated 30.03.2007, the State government requested the
Director General of Police (DGP), the respondent no. 2, for his immediate
response in the matter. The relevant communication dated 30.03.2007, may
be reproduced, in verbatim, hereunder, for convenience:
"No.F.10(5)-GA(P&T)/04
GOVERNMENT OF TRIPURA
GENERAL ADMINISTRATION(PERSONNEL & TRAINING) DEPARTMENT
Dated,Agartala, the 30th March, 2007
To,
The Director General of Police
Tripura, Agartala
Subject:- Amendment of Tripura Police Service Rules, 1967.
Sir,
I am directed to inform you that it has been decided by the Government to
create a new grade namely "Senior Selection Grade" in the Tripura Police Service,
almost in line with that of the TCS. The duty posts in the Senior Selection Grade of
Tripura Police Service will be 7% of the total cadre strength.
2. I would, therefore, request you to kindly initiate a proposal indicating the 7%
duty posts in the Senior Selection Grade proposed to be created in Tripura Police
Service.
3. An immediate response is earnestly requested.
Yours faithfully
(A.Debnath)
Under Secretary to the
Government of Tripura"
10. The same communication was made again on 27th September, 2008,
which is as under:
"No.F.10(5)-GA(P&T)/04
GOVERNMENT OF TRIPURA
GENERAL ADMINISTRATION(PERSONNEL & TRAINING) DEPARTMENT
Dated,Agartala, the 27th September, 2008
To,
The Director General of Police
Tripura, Agartala
Subject:- Amendment of Tripura Police Service Rules, 1967.
Sir,
I am directed to this Department's letter of even number dated 30th March, 2007
(copy enclosed for ready reference) on the subject cited above and to state it has
been decided by the Government to create a new grade namely "Senior Selection
Grade" in the Tripura Police Service, almost in line with that of the Tripura Civil
Service. The duty posts in the Senior Selection Grade of Tripura Police Service will be
7% of the total cadre strength.
2. I would, therefore, request you to kindly initiate a proposal indicating the 7%
duty posts in the Senior Selection Grade proposed to be created in Tripura Police
Service.
3. An immediate response is earnestly requested.
Yours faithfully
(M.L. Das)
Enclo: As stated Under Secretary to the
Government of Tripura"
11. Thereafter, responding to the communication dated 27.09.2008, the
authorized officer on behalf of respondent No. 2 had made a communication
dated 23.10.2008 proposing to create 18 numbers of posts towards
implementation of the policy decision of the government considering 7% of
the total cadre strength of 262 numbers of TPS officers. The said
communication dated 23.10.2008 is reproduced hereunder, for convenience:
"No.41461/TPS Rules/PHQ.2005
GOVERNMENT OF TRIPURA
OFFICE OF THE DIRECTOR GENERAL OF POLICE
TRIPURA::AGARTALA
Dated,Agartala, the 23RD Oct'2008
To,
The Under Secretary,
GA (P&T) Department,
Govt. of Tripura,
AGARTALA
Subject:- Amendment of Tripura Police Service Rules, 1967.
Sir,
th
Kindly refer to your letter No. 10(5)-GA(P&T)/04, dated 27 September, 2008 on the
above noted subject.
02. On perusal of our record, it is seen that no such correspondence is received at this office.
However, there was a proposal from PHQ for creation of Super Selection Grade posts in
Tripura Police Service, (10% of the total Cadre strength) vide this office No. F.P & A/Genl-
rd
1/PHQ/05 346-47 dated 3 January, 2008 A (copy enclosed for ready reference)
03. The present Cadre strength of Tripura Police Service Officers 262 and 7% of this comes to
total, 18 posts for Senior Selection Grade. This is matching with the total Non-IPS Cadre
SP/CO, Level posts available in Police/TSR presently. (Annexure-"A").
04. In view of this, the decision of the State Govt. towards creation of Senior Selection grade
in Tripura Police Service against these posts may implemented, similar to Super Selection
grade in Tripura Civil Service with parallel Pay Scale
Yours faithfully
(Arindam Nath)
Enclo: As stated Asstt. Inspr. Genl of Police (HQr)
For Director General of Police Tripura"
VACANCY POSITION OF SP/COMDT. LEVEL OFFICERS OF TRIPURA POLICE AS ON OCTOBER, 2008
Sl.No POSTs SANCTIONED POSTED VACANCY
CADRE EX-CADRE
2. SP (Security) - 1 1 -
3. SP (Traffic) - 1 1 -
4. CO.CTI 1 - 1 -
7. CO. 1st TSR 1 - 1 -
8. CO. 2nd TSR 1 - 1 -
9. CO. 3rd TSR 1 - 1 -
10. CO. 4th TSR 1 - 1 -
11. CO. 5th TSR 1 - 1 -
12. CO. 6th TSR 1 - 1 -
13 CO. 7th TSR 1 - 1 -
14. CO. 8th TSR 1 - 1 -
16. CO. 10th TSR 1 - 1 -
18 CO. 12th TSR 1 - -
.
12. After a long exercise, considering the organizational requirement,
the respondent no. 2 had proposed to abolish few posts in Grade-I of
Tripura Police Service, and also proposed for re-structuring the posts to
meet the requirement of the department, which were earmarked in
communication dated 20th May, 2019 (Annexure-"D" to the writ
petition) made by the respondent no. 2 to the respondent no.1. At para
5.1 of the said communication dated 20th May, 2019, it appears that 30
new posts of TPS SSG were proposed to be created. Furthermore, it is
revealed that the duty posts in the Senior Selection Grade (SSG) of
Tripura Police Service would be 7% of the total cadre strength
according to the policy decision of the government, which would be
within the proposed 30 posts [para 6 of the said communication dated
20th May, 2019]. The parameters for considering eligibility for
promotion to the post of TPS, SSG were drawn at paragraph 7 of the
said communication dated 20th May, 2019, wherein it was proposed that
the TPS officers who would complete five years of service in TPS
Grade-I would be considered for promotion to TPS, SSG.
13. Thereafter, a meeting of the Empowered Committee for
Coordination and Policy Initiative (ECCPI) under the Chairmanship of
Chief Secretary of Tripura was held on 04.06.2020 (Annexure E to the
writ petition). There was a threadbare discussion on various agendas
including proposal for amendment of TPS Rules and review of pay
structure of TPS Grade-I officers, and it was decided that:
"Decision:- (i) It is decided in the meeting that TPS Senior Selection Grade may be created
observing all rules and regulations and accordingly necessary posts for this grade will be
identified.
(ii) Since, there is bar in promotion of government employees due to pending SLP at Hon'ble
Supreme Court regarding reservation policy, no promotion to the next higher post can be
considered now. However, government employees may be considered for giving full duty
charge to the higher category posts indicated by pay level in the respective service.
(iii) xxx ".
So, it can easily be discerned from the above decision that the High
Power Committee of the State government on principle decided to
create TPS Senior Selection Grade, and for this purpose, necessary
formalities for amendment of TPS Rules are to be completed following
the relevant rules and regulations.
14. In my opinion, the government with an object to achieve a
definite purpose, and to remove the disparity in services of Tripura
Civil Service and Tripura Police Service had taken a conscious decision
as a policy matter to create another promotional avenue in the service of
TPS cadre by way of creating the higher grade, namely, Senior
Selection Grade, as that of Tripura Civil Service.
15. More importantly, I have noticed that the respondents No. 1 and
3, represented by the Principal Secretary, GA(P&T) Department,
Government of Tripura, and the Secretary, Finance Department,
Government of Tripura respectively by way of filing affidavit-in-
opposition jointly have stated thus:
"9. That, in regard to the statements made in paragraph 7 of the writ
petition it is stated that the state Government in the GA(P&T) Department
has taken a step for this purpose. However, it is a policy decision matter and
as such the matter is under process."
16. Mr. D. Sarma, learned Additional GA appearing for the
respondents has submitted that the process is being carried on to
implement the policy decision of the government for creation of TPS
Senior Selection Grade and its completion is only awaited.
17. It is observed by this court that, though the policy decision was
taken in the year 2007/2008, and the respondent no. 2( IGP, Tripura)
already completed the process of identifying the number of posts to be
created for TPS Senior Selection Grade i.e. 7% of the total cadre
strength, and communicated the same to the respondent no.1 vide
communication dated 20.05.2019 (Annexure D to the writ petition), but,
till today the process of such implementation of the policy decision of
the government has not been completed which appears to be shocking
to this court. The matter was further considered by the High Powered
Empowered Committee of the State government in its meeting held on
04.06.2020, but, its implementation is still awaited, which is hard to
digest.
18. The legislatures, the highest executive authorities are the policy
makers to govern the affairs of the State and think-tank of the welfare
of its employees. When legislatures make the policy, they keep
themselves aware of various facets relating to the said policy. When the
policy is made and approved by the legislatures, the highest executive
body of the State under our Constitution, thereafter, it is the solemn
duty of the delegated executives to frame necessary law in the Rules or
Regulations of an Act, etc., as envisaged under Article 13(3) of the
Constitution of India.
19. The way the concerned file is being moved regarding
implementation of the policy for creation of a new grade i.e. TPS
Senior Selection Grade, according to me, reveals strange paradox, and
the said policy is stuck due to administrative hiccups. The concerned
delegates or implementing authorities should realize that slowing down
the process may lead to paradoxical situation to the smooth running of
State administration which was not intended by the legislatures, rather,
it is expected that the delegated executives to come up with a sense of
responsibility to respect the policy decision of the legislatures to fulfill
the object and purpose, the legislatures i.e. the highest executive body,
wanted to achieve.
20. At this juncture, both Mr. Lodh, learned counsel and Mr. Sarma,
learned Additional GA have suggested that the present writ petition
filed by the petitioners may be disposed of with a direction upon the
respondents to complete the process within a certain period.
21. Mr. Sarma, learned Additional GA has sought for six months
time to complete the process of implementation of the policy decision
creating new grade as TPS Senior Selection Grade in the light of the
decision taken in the meeting of Empowered Committee (ECCPI) dated
04.06.2020. However, Mr. Lodh, learned counsel has prayed for
allowing two months time for the said purpose. Considering the facts
that the decision to create posts of TPS Senior Selection Grade, though,
was taken in the year 2008, which was further reviewed, and decided to
carry out amendment in the TPS Rules observing all rules and
regulations, in that case, in my considered view, further six months to
complete the said process may not be required. It is noted that, number
of posts for TPS Senior Selection Grade has also been earmarked by the
respondent no.2.
22. Having viewed thus and for the reasons stated above, this court
directs the respondents to complete the process of implementation of
the policy decision of the government creating the grade, namely, „TPS
Senior Selection Grade‟ keeping in view the observations made by this
court here-in-above, particularly, in paras 17, 18 and 19, within a period
of 3 (three) months from the date when the respondents shall receive a
copy of this order either by the petitioners or from the learned
Additional GA.
With the aforesaid observations and directions, the instant writ
petition stands allowed and disposed.
Pending application(s), if any, also stands disposed of.
JUDGE
Saikat
