Tripura High Court

Mr. A Bhowmik vs Mr. Pk Dhar on 18 February, 2022

                      HIGH COURT OF TRIPURA
                            AGARTALA

                        WP(C) No. 75 of 2021

For Petitioner(s)            : Mr. A Bhowmik, Adv.

For Respondent(s)            : Mr. PK Dhar, Sr. GA.

Mr. A Dey, Adv.

Mr. N Majumder, Adv.

HON'BLE MR. JUSTICE S. TALAPATRA Order

18.02.2022

Heard Mr. A Bhowmik, learned counsel appearing for the

petitioners as well as Mr. Rajendra Debbarma, the Deputy General

Manager, Tripura State Electricity Corporation Limited and Mr. PK Dhar,

learned senior GA assisted by Mr. A Dey, learned counsel appearing for

the respondent No.1, which is a formal party as no relief has been

claimed against the respondent No.1. Also heard Mr. N Majumder,

learned counsel appearing for the respondents No.2 & 3.

The grievance of the petitioners is that the petitioners were

initially appointed as the Management trainee on 15.04.2008 and on

completion of one year of training, the petitioner was appointed as the

Manager Grade-B. According to the petitioner, he is entitled to get

financial up-gradation under MACPS also on completion of ten years of

service. But the respondents No. 2 & 3 have not released that benefit

despite their completion of the required service satisfactorily. The

petitioners understand that the reason behind of not releasing the said

benefit is that they have excluded the tenure of training being one year,

from the total service, which according to the petitioners is in complete

contrast to the provisions of Rule 30(a) of Tripura Power Engineering

Service Rules, as amended.

Apart that, Mr. Bhowmik, learned counsel has relied on a

decision of this court as delivered in Sanat Kumar Paul vs. State of

Tripura and Ors. [Judgment dated 26.06.2018 delivered in WP(C)

No.1142/2016] where this court had clearly laid down as follows:

"It is apparent from the said decision also that if the trainees are appointed after the successful completion of training, their period of training is liable to be counted towards calculating the gratuity ."

The said observation has been pressed in service, in the

present context, to imply that the said principle can also be applied in

the present case.

Mr. Bhowmik, learned counsel has further submitted that

the petitioner is now eligible for promotion to the post of Manager,

Grade-A, as he has completed ten years of service in the post of

Manager, Grade-B. Rule-5(2)(c) of the Tripura Power Engineering

Service Rules, 1987 was amended by Tripura Power Engineering Service

(7th amendment) 2017 equals, that was adopted by the Tripura State

Electricity Corporation Limited. The said Rules provide that 29% of

posts in Grade 5(A) of the service shall be filled by the diploma holder

engineers borne in Grade-V(B). For the present purpose, Grade V-B be

read as Manager, Group-B. It is noteworthy, that the petitioners are all

diploma holder engineers and as such, the said rule shall apply in their

cases.

By way of amendment the qualifying service as required for

moving to the next pay scale has been upgraded to ten years of

continuous and satisfactory service. The relevant provision is

reproduced hereunder:-

"30.Pay & Allowances:

[pay, other benefits, dearness and other allowances shall be paid to the persons holding duty posts in respective Grades at such rates as may be determined by the Government from time to time]

a)[Engineers recruited in TPES Gr-V (B) shall move to pay scale of Rs.9,570/- to Rs.30,000/-, G.P. Rs.3,500/- under PB-3 (Pre-revised) on completion of 10 years of continuous and satisfactory service.]"

The petitioners have categorically submitted that there are

vacancies in the promotional posts but the respondents are arbitrarily

stalling the process and denying the petitioners, to be considered for

promotion to the post of Manager, Grade-A. In this regard, the

disclosure made by the State Public Information officer of the Tripura

State Electricity Corporation Limited has been referred by the petitioner.

From there, it appears that there are 52 vacancies in the post of

Manager, Grade-A (Electrical), five vacancies in the post of Manager,

Grade-A (Mechanical). There is no vacancy in the post of Manager,

Grade-A (Civil). The said disclosed information is part of Annexure-12 of

the writ petition.

Mr. Bhowmik, learned counsel appearing for the petitioners

has emphatically submitted that 29 percent of the post in Manager,

Grade-A of the service shall be filled by the Diploma holder Engineers

borne in the Grade-VB. According to Mr. Bhowmik, learned counsel out

of those vacancies, 29 percent should be the vacancy for the Manager,

Group-B (Diploma holder).

Mr. Rajendra Debbarma, the Deputy General Manager of the

Tripura State Electricity Corporation Limited has appeared with the

records as the respondents having afforded numerous opportunities, did

not file their reply. He has been aided by Mr. N Majumder, learned

counsel appearing for the respondents No. 1 & 2.

Mr. Debbarma has filed the vacancy statement in a tabular

form showing the representation in the various category. It appears

from that statement that eight posts of Manager (Electrical), Grade-A

under the UR category is available, whereas, three posts of Manager

(Mechanical) Grade-A is available for the UR category. But there is no

further assertion that out of those posts, how many posts fall under

29% category. Mr. Debbarma, the Deputy General Manager to the

Tripura State Electricity Corporation Limited has made a candid

statement before this court that the appropriate action for movement to

the next grade, after completion of ten years of service will be taken. If

the petitioners conforms to the requirement, they would be taken to the

next grade. Even the vacancies which are available for promotion under

the Manager, Group-A shall also be filled up following the due process

within a short while.

Having situated thus, this writ petition is allowed with the

following directions-

1. For purpose of ten years of requisite service for

upgradation, one year of training period shall be included

as there is no express bar by the statute.

2. If the petitioner is found eligible for consideration in

terms of the direction at Sl. No.(1), the petitioner shall

be moved to the upgraded scale as provided under Rule

30(a) of the Tripura Power Engineering Service Rules, as

amended, and as adopted by TSECL, within a period of

three months from today.

3. The petitioners will also be entitled to arrears of pay and

allowances, as admissible.

4. The petitioners along with other eligible diploma holder

engineers, who are presently borne in the Manager

Grade-B (Diploma holders) shall be considered against

the 29% quota for their promotion to the post of

Manager, Grade-A. Such exercise shall be completed

within a period of six months from today.

There shall be no order as to costs.