Tripura High Court
The State Of Tripura vs Sri Haripada Das on 8 April, 2024
HIGH COURT OF TRIPURA
AGARTALA
WA No.03 OF 2022
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 Raod,
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.
Appellant(s).
(Respondents No.1 to 3 in writ petition)
Versus
1. Sri 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 Tripura, 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. Sri Apan Jamatia,
Assistant Inspector General of Police (Housing and Construction),
Police Head Quarters, Fire Brigade Chowmuhani, A.K. Road,
PO and Sub-Division- Agartala, PS- West Agartala,
District- West Tripura, aged about 50 years.
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,
Commandant A. Ch. Rama Rao Training Centre, R.K. Nagar,
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.
.......Respondent(s).
(Petitioner in writ petition No. 419 of 2021)
For Appellant(s) : Mr. S.S. Dey, Advocate General.
Mr. S. Saha, Advocate.
For Respondent(s) : Mr. Somik Deb, Sr. Advocate.
Mr. P. Chakraborty, Advocate.
Date of hearing : 18.03.2024
Date of delivery of
Judgment & Order : 08.04.2024
Whether fit
for reporting : YES
HON‟BLE MR. JUSTICE T. AMARNATH GOUD
HON‟BLE MR. JUSTICE BISWAJIT PALIT
Judgment & Order
[Biswajit Palit, J]
Heard Learned Advocate General, Mr. S.S. Dey assisted
by Mr. S. Saha, Learned Counsel for the State-Appellants also
heard Mr. Somik Deb, Learned Senior Counsel assisted by Learned
Counsel, Mr. P. Chakraborty for the respondents. The State of
Tripura and two others as appellants have preferred this appeal
challenging the judgment and order dated 14.09.2021 passed in
WP(C) No.419 of 2021.
02. The appellants by this appeal have prayed for the
following reliefs:
A) Admit appeal & call for records.
B) Pass order setting aside the Judgment & order
dated 14.09.2021 passed in W.P.(C).No.419 of 2021.
C) Pass order staying the operation of the Judgment &
order dated 14.09.2021 passed in W.P.(C). No.419 of
2021.
D) Pass any other order or Orders as deem fit & proper
having regard to the facts & circumstances of the case.
And
For this act of kindness, the appellants shall as in duty
bound ever pray.
03. Prior to that the respondent-petitioners preferred one
writ petition before the Single Bench of High Court seeking the
following reliefs:
i) Issue Rule, calling upon the respondents and each
one of them to show cause as to why a Writ of
Certiorari and/or in the nature thereof, shall not be
issued, for transmitting the records, lying with them,
for rendering substantive and conscionable justice to
the petitioners;
ii) Issue Rule, calling upon the respondents and each
one of them, to show cause as to why a Writ of
Mandamus and/or in the nature thereof, shall not be
issued, to forthwith implement the decision of the
State Government to identify at least 7% of the posts
of TPS or more for creating/upgrading them as Senior
Selection Grade posts in TPS in the line of TCS as
reflected in the letter of GA (P&T) Department bearing
No.F10 (5) GA-(P&T)/04, dated 30th March, 2007
and/or to formulate appropriate scheme for minimum
two avenues of promotion in TPS and also upgrade
their pay band from 15,600-39,100 to 37,400-67,000/-
with corresponding Level of Pay from 18 to 20 or more
in Pay Band-5 of Tripura State Pay Matrix, 2018; and
thereafter, allow consequential benefits of promotion
with corresponding pay on notional basis with effect
from the date of eligibility of the petitioners in TPS
SSG or next higher rank as per the Scheme of
Promotion to be formulated;
iii) Call for the records appertaining to this writ
petition;
iv) After hearing the parties, be pleased to make the
Rule Absolute in terms of i., ii. Above;
v) Costs of, and incidental to this proceeding;
vi) Any other Relief(s) as to this Hon‟ble High Court
may deem fit and proper;
For the gracious act of kindness the humble petitioner
above named
SHALL AS IN DUTY BOUND EVER PRAY.
04. The present appellants contested the said writ petition
and submitted counter-affidavit and after prolong hearing Learned
Single Judge by judgment and order dated 14.09.2021 allowed
the writ petition of the respondent-petitioners and gave the
following direction/observation:
"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, 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."
Challenging the judgment of the Learned Single Judge
of the High Court of Tripura the appellants have preferred this
appeal.
05. In course of hearing of argument, Learned Advocate
General assisted by Mr. S. Saha, Learned Counsel for the
appellants submitted that the judgment and order of the Learned
Single Judge was erroneous on the ground that no such direction
can be given against the State to form a policy decision for
amendment of rule, for creating new grade, namely TPS Senior
Selection Grade because the same is violative of the Constitutional
provisions as envisaged under Article 13(4) of the Constitution of
India. Learned Advocate General submitted that the State
Government in the cabinet has decided not to extend the benefit
of SSG to the TPS Officers and since it is the policy decision of the
State Government and the High Court has got no jurisdiction to
interfere or to direct the State Executive to frame such a policy for
creation of grade namely TPS SSG (Tripura Police Service, Senior
Selection Grade). Learned Advocate General further submitted
that it is the absolute domain of the State Executive to take
appropriate decision in this regard. In course of hearing, Learned
Advocate General submitted that as per direction of the Learned
Single Judge, a meeting was held under the chair of Chief
Secretary, Government of Tripura on 30.10.2021 and further
submitted that the said copy of the minutes of the meeting is
already been submitted before the Court by the appellant and as
per decision taken in the meeting, there is no scope to create any
SSG as a promotional post in TPS in the light of TCS (Tripura Civil
Service) cadre. So, nothing remains with the State Executive to
initiate any further process on the said issue.
Learned Advocate General, in course of hearing further
submitted that since the Executive Authority of the State has
taken decision not to amend the rule for creation of the post of
SSG for TPS Officers, so, the Court cannot direct to the State
Government to make such a policy decision. So, Learned Advocate
General finally submitted that the decision and direction of the
Learned Single Bench in Para No.22 of the judgment needs to be
struck off by allowing this appeal and also by setting aside the
judgment of the Learned Single Judge. Learned Advocate General
finally asked for allowing the appeal of the State appellant and to
set aside the judgment rendered by Learned Single Bench of the
High Court.
06. On the other hand, Learned Senior Counsel Mr. S. Deb,
assisted by Learned Counsel, Mr. P. Chakraborty submitted that
the present respondent-petitioners filed the writ petition on the
ground that the respondent-petitioners after successfully
completing a combined competitive examination for direct
recruitment to the post of TCS Grade-II and TPS Grade-II
conducted by TPSC had joined to the post of DSP and Grade-II
Cadre of TPS and TCS and when the respondent-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 in the promotional post. While the
petitioners were continuing as Grade-II TPS Officers, the
Government of Tripura in the year 2005 amended Tripura Civil
Service Rules, 1967 vide 25th Amendment and created another
higher grade of TCS Cadre namely Senior Selection Grade. Thus,
from the year 2005 onwards, the TCS Cadres of the State are
comprised of three grades, namely Grade-II, Grade-I Selection
Grade and Senior Selection Grade with enhanced pay structure as
prescribed for three grades. Following the decision of the
Government for creation of two promotional avenues of TCS
Officer to bring parity and to avoid discrimination, the respondent-
petitioners also approached the Government to consider this
matter.
Learned Senior Counsel, Mr. Somik Deb also submitted
that Learned Single Judge, after considering all the factual and
legal aspects and also after hearing the submission made by
Learned Additional GA came to a logical conclusion and directed
the State to complete the process of policy decision of the
Government, regarding creation of "TPS Senior Selection Grade",
within a period of three months. Learned Senior Counsel further
drawn the attention of the Court referring the communication
dated 30.03.2007 written by Under Secretary, Government of
Tripura of the G.A. (P&T) Department to the DGP Tripura
regarding amendment of Tripura Police Service Rules.
07. For the sake of convenience, the relevant
communication dated 30.03.2007 is narrated herein below:
NO.F.10(5)-GA(P&T)/04
GOVERNMENT OF TRIPURA
GENERAL ADMINISTRATION ON (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 T.C.S. The duty posts in
the Senior Selection Grade of Tripura Police Service will be 7% of the total
Cadre strength.
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.
An immediate response is earnestly requested.
Yours faithfully
(A. Debnath)
Under Secretary to the
Government of Tripura.
08. Learned Senior Counsel further submitted that after the
said communication of the GA (P&T) Department, further
communication was made to the Director General of Police on
27.09.2008. For convenience, the exact verbatim of the said
communication is given below:
NO.F.10(5)-GA(P&T)/04
GOVERNMENT OF TRIPURA
GENERAL ADMINISTRATION ON (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
th
30 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.
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.
An immediate response is earnestly requested.
Yours faithfully
(M.L. Das)
Enclo: As stated Under Secretary to the
Government of Tripura.
09. Learned senior Counsel further submitted that
responding the aforesaid communication dated 27.09.2008 the
Authorized Officer on behalf of the DGP had made a
communication dated 23.10.2008 to the Under Secretary, GA
(P&T) Department, Government of Tripura proposing to create 18
nos. of posts towards implementation of thepolicy decision of the
Government, considering 7% of the total cadre strength of 262
nos. of TCS Officers. For convenience, the said communication is
also mentioned below:
No.41461/TPS Rules/PHQ.2005
GOVERNMENT OF TRIPURA
OFFICE OF THE DIRECTOR GENERAL OF POLICE
TRIPURA:AGARTALA
Dated, Agartala, the 23th Oct‟ 2008
To,
The Under Secretary,
GA(P&T) Department,
Govt. of Tripura,
AGARTALA
Subject: Amendment of Tripura Police Service Rules, 1967.
Sir,
Kindly refer to your letter No. F. 10(5)-GA(P&T)/04, dated 27th
September, 2008 on the above noted subject.
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
creating of Super Selection Grade posts in Tripura Police Service, (10% of the
total Cadre strength) vide this office No F.P & A/Genl-I/PHQ/05 346-47
dated 3rd January, 2008. (copy enclosed for ready reference).
The present Cadre strength of Tripura Police Service Officers 262
and 7% of this comes to a 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").
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 -
st
7. CO. 1 TSR 1 - 1 -
8. CO. 2nd TSR 1 - 1 -
9. CO. 3rd TSR 1 - 1 -
th
10. CO. 4 TSR 1 - 1 -
11. CO. 5th TSR 1 - 1 -
12. CO. 6th TSR 1 - 1 -
th
13. CO. 7 TSR 1 - 1 -
th
14. CO. 8 TSR 1 - 1 -
th
16. CO. 10 TSR 1 - 1 -
th
10. Learned Senior Counsel, thereafter, further submitted
that after a long exercise, considering the organizational
requirement, the respondent No.2 has proposed to abolish few
posts in Grade-I of Tripura Police Service and also proposed for
restructuring the posts to meet up the requirement of the
Department, which were earmarked in communication dated
20.05.2019 made by the respondent No.2 to the respondent No.1
of the Original Writ Petition. It is further submitted that Para 5.1
of the said communication dated 20.05.2019, it appears that
thirty (30) new posts of TPS, SSG were proposed to be created.
Furthermore, it was revealed that the duty posts in the SSG,
Tripura Police Service would be 7% of the total Cadre strength,
according to the policy decision of the Government, which will be
within the proposed thirty (30) posts. The parameters for
considering eligibility for promotion to the post of TPS, SSG were
drawn at Paragraph 7 of the communication dated 20.05.2019
wherein it was proposed that the TCS and TPS Officers would
complete five years of service in TPS Grade-I would be considered
for promotion to TPS SSG.
11. Learned Senior Counsel, further submitted that a
meeting of the Empowered Committee of the State under the
Chairmanship of the then Chief Secretary of Tripura was held on
04.06.2020, wherein the issues were taken up for discussion on
various points including proposal for amendment for Tripura Police
Service Rules and also the review of pay structure of Tripura
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".
12. Learned Senior Counsel referring the same submitted
that the high power committee of the State Government on
principle decided to create TPS SSG but no effective step was
taken. Even in the Writ Petition the contesting State-respondents
by filing their affidavit in para No.9 mentioned that:
"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."
13. Learned Senior Counsel further drawn the attention of
the Court that the Learned Single Judge on the basis of
undertaking of the Learned Additional G.A. disposed of the Writ
Petition with a direction to the State Authority to complete the
process of creation of grade for TPS SSG within a period of three
months. Thereafter, as per direction of the Learned Single Judge,
a meeting was held under the chair of Chief Secretary, Tripura
which is also annexed to the file by the State-appellants with a
copy of affidavit and referring the same, Learned Senior Counsel
submitted that the decisions taken in the minutes of the meeting
are contradictory to each other. He also pointed out that Learned
Advocate General at the time of hearing referred Para No.3 of the
said minutes of the meeting but he did not submit anything
regarding the last part of Para Nos.5, 6 and 7 of the said minutes
of the meeting wherein the burden was shifted to the shoulder of
DGP, Tripura.
14. For the sake of convenience, I would like to refer herein
below the entire copy of the minutes of meeting:
MINUTES OF THE MEETING HELD ON 30TH OCTOBER, 2021 AT 11.00 AM
I/C WITH CREATION OF ONE GRADE IN TRIPURA POLICE SERVICE
NAMELY, SENIOR SELECTION GRADE
Officials present:-
(i) The Director General of Police, Tripura
(ii) The Pr. Secretary, GA(P&T) Department
(iii) The IGP (Admin), Tripura
(iv) The AIGP (HQ) & (Esst.). Tripura
(v) The Addl. Secretary, GA (P&T) Deptt
The Chief Secretary, Tripura was on chair.
2. A threadbare discussion was held on the judgment and
order of the Hon‟ble High Court of Tripura in connection with W.P.(C)
No.419 of 2021 wherein the Hon‟ble High Court issued a directive to
the State Respondent for creation of one grade namely TPS SSG in TPS
Rules within a period of 3(three) months from the when the
representation received from the petitioner alongwith a copy of the
order. During the discussion, the following points were emerged:-
(i) The Committee examined the decision taken by the
Empowered Committee for Coordination and Policy Initiative (ECCPI)
and it is observed that a decision has been taken in that meeting
towards creation of Tripura Police Service Senior Selection Grade after
observing all rules and regulations and to identify the post for this
grade.
In the said meeting of ECCPI, there was also a decision for
allowing financial incentive to the Government employees holding the
higher posts of higher pay level with full duty charge since, there is a
bar on promotion of Government employees due to pending SPL before
the Hon‟ble Supreme Court regarding Reservation Policy. But, recently
State Government has framed a Promotion Policy for allowing ad-hoc
promotion as one time measure pending finalization of SLP before the
Hon‟ble Supreme Court of India.
During the discussion in the meeting, the Committee feels that
the Empowered Committee for Coordination and Policy Initiative
(ECCPI) is not appropriate forum to recommend creation of TPS SSG.
Moreover, the said decision of the ECCPI can neither be termed as
Government decision nor it is a decision of legislature. Moreover, for
cadre review of any service there is a provision of cadre review
committee and its specified procedure.
(ii) In the year 2007, there was decision of the Government
for creation of TPS SSG in TPS Rules. After that the cadre has been
reviewed and enhanced in the year 2010 as per proposal of PHQ. In the
said proposal of PHQ reference has not been made for creation of TPS
SSG. Though creation of TPS SSG was not considered but cadre review
of the TPS Rules was done after the decision during the year 2007.
(iii) It was also discussed in the meeting that during year
2015, for cadre review of TPS, PHQ has viewed as follows "since Police
is a uniformed service which reflects on discipline, command and
control, it must be ensured that creation of a separate SSG dies not
affect the command structure of the hierarchy. It may also be noted
that TPS officers in Gr-I (after completion of 3 years) and Senior
Selection Grade, if created will have to hold the post in the rank of SP
only. It is therefore, not recommended to create separate posts of
SP/AIG rank (SSG Posts) among the SP rank posts (TPS Gr.I). It is to
mention that if District SP posts are generally cadre posts in the IPS
and any earmarking of the District SP posts as SSG posts would
prevent the posting of TPS Grade-I officers to the post of District SP.
Further, it will also create and issue regarding wearing of proper
ranks on the uniform among IPS/TPS officers.
Considering the above, it is not recommended to create any SSG
as a promotion posts in TPS inline of TCS Cadre."
(iv) The issue of comparison between the TCS & TPS cadre
schedule in the context of creating TPS SSG has been examined and
discussed at length. It is observed that TCS & TPS cadre services rules
are totally different one. Because, nomenclature and posting are also
different. Thus prospect in carrier progression in TCS & TPS are un-
comparable. As such, there may not be equity in the two cadre
services. Generally, TPS Gr-II officers are posted as SDPO (Sub-
Divisional Head) in the Sub-Division, whereas a TCS Gr-II officer is
posted as Dy. Collector/BDO etc. Similarly, TPS Gr-I officers are posted
as Addl. SP and SP in the District after 3(three) years of service in TPS
Gr-I whereas TCS Gr-I officers are posted as SDM in the Sub-Division.
And the officers from TCS SSG are being posted as Addl. DM i.e. at
district level though it is not independent district charge like a
Superintendent of Police of TPS Gr-I. Generally it has been observed
that TCS SSG officers are being considered promotion to IAS after 25-
30 years or more. At present, there are few officers from 1990 batch of
TCS who are yet to get promotion to IAS, whereas, some TPS officers
of 1998 batch have already promoted to IPS during the year 2014 and
so on.
(v) The cadre review instruction/guideline of the Govt. has been
consulted in the meeting. It has been observed that as per guidelines
of Cadre Review of Cadre Services Rules, the proposal would be
formulated to the extent possible in consultation with the
representative of Service Associations. While drafting the proposal, all
issues like expected changes in the organizations activities,
automation, amendment in the business process, requirement
planning, plugging the skill gaps, cadre structure, career progression,
financial implications etc. must be analyzed and made part of the
proposal. So, DGP, Tripura shall take views of all stakeholders of the
Tripura Police Service towards creation of new grade namely TPS SSG
in TPS Rules as common interest is involved in expansion of cadre by
creating new grade.
(vi) The committee has also opined that some financial
benefits may be given to the TPS Gr-I officers if they are not getting
any promotion after considerable time to IPS inspite of having all
requisite/eligibility for promotion. Matter of provisioning Dynamic
Career Progression or MACP may be examined to provide financial
benefits to TPS Officers if they are not getting promotion or uplift
during service tenure in TPS Gr-I level.
(vii) DGP, Tripura shall identify the posts keeping in view of all
contexts of service conditions on analysis of cadre allocation of
existing IPS and TPS posts and shall examine the requirement of
creating new grade in the TPS Rules.
Meeting ended with thanks to all.
Sd/-
Chief Secretary to the
Government of Tripura
15. Finally, Learned Senior Counsel, Mr. S. Deb submitted
that since the State authority has failed to implement the
directions of Learned Single Judge, so, the appeal preferred by the
State may be dismissed with costs with direction to the State
Government to implement the same.
16. We have heard detailed submission of Learned Counsel
of both the sides and also perused the judgment of the Learned
Single Bench. In course of hearing, Learned Senior Counsel for
respondent-petitioners relied upon few citations.
17. In State of Tripura and Others vs. K.K. Roy dated
12.12.2003 reported in (2004) 9 SCC 65, Hon'ble the Apex Court
in Para No.6 observed as under:
"6. It is not a case where there existed an avenue
for promotion. It is also not a case where the
State intended to make amendments in the
promotional policy. The appellant being a State
within the meaning of Article 12 of the
Constitution should have created promotional
avenues for the respondent having regard to its
constitutional obligations adumbrated in Articles
14 and 16 of the Constitution of India. Despite its
constitutional obligations, the State cannot take a
stand that as the respondent herein accepted the
terms and conditions of the offer of appointment
knowing fully well that there was no avenue for
promotion, he cannot resile therefrom. It is not a
case where the principles of estoppel or waiver
should be applied having regard to the
constitutional functions of the State. It is not
disputed that the other States in India/Union of
India having regard to the recommendations
made in this behalf by the Pay Commission
introduced the Scheme of Assured Career
Promotion in terms whereof the incumbent of a
post if not promoted within a period of 12 years is
granted one higher scale of pay and another upon
completion of 24 years if in the meanwhile he had
not been promoted despite existence of
promotional avenues. When questioned, the
learned counsel appearing on behalf of the
appellant, even could not point out that the State
of Tripura has introduced such a scheme. We
wonder as to why such a scheme was not
introduced by the Appellant like the other States
in India, and what impeded it from doing so.
Promotion being a condition of service and having
regard to the requirements thereof as has been
pointed out by this Court in the decisions referred
to hereinbefore, it was expected that the
Appellant should have followed the said
principle."
18. In Food Corporation of India and Others vs.
Parashotam Das Bansal and Others dated 05.02.2008 reported
in (2008) 5 SCC 100, Hon'ble the Apex Court in para No.13 and
21 observed as under:
"13. If there is no channel of promotion in respect
of a particular group of officers resulting in
stagnation over the years, the Court although
may not issue any direction as to in which manner
a scheme should be formulated or by reason
thereof interfere with the operation of existing
channel of promotion to the officers working in
different departments and officers of the
Government but the jurisdiction to issue direction
to make a scheme cannot be denied to a Superior
court of the country.
21. We fail to understand how the cadre of
Medical Officers would be important, as like the
respondents, they also do not contribute towards
the main functions of the appellant. Such a plea
even otherwise is wholly untenable. An employee
is an employee. How the employees would be
structured is undoubtedly within the realm of the
statutory authority but by reason thereof, it
cannot tinker with their essential fundamental
right."
19. In Soma Paul vs. State of Tripura and Ors. dated
31.03.2016 reported in (2016) 2 TLR 90 wherein this High Court
of Tripura in para No.13 observed as under:
"13. It is the admitted position that all the
petitioners have been languishing in the post of
Senior Instructor, Group-C (non-Gazetted) now
for about 9 years without any promotion whereas
in the similar post for the other department after
five years, an incumbent becomes eligible for
consideration of promotion to the next higher
grade. This is not a fair management practice. The
fairness of action is fundamental to the state
action, which the respondents have failed to
discharge so far. Hence, it is directed that the
respondents shall formulate a scheme for
promotion from the post of Senior Instructor,
Group-C (Non-gazetted) for the Science
Department or for the post of Instructor, Group-C
(non-Gazetted) for the Science Department
within a period of 6 months from today. In terms
of the said scheme, the petitioners shall be
considered, if they are otherwise eligible for such
consideration."
20. In Hukum Chand Gupta vs. Director General,
Indian Council of Agricultural Research and Others dated
25.09.2012 reported in (2012) 12 SCC 666, Hon'ble the Apex
Court in para No.16 observed as under:
"16. The Assured Career Progression Scheme for
the civilian employees was introduced on the
recommendations of the Fifth Central Pay
Commission. It was introduced with a view to
provide a „Safety Net‟ to deal with problems of
genuine stagnation and hardship faced by the
employees due to lack of adequate promotional
avenues. Under this scheme, it was decided to
grant two financial upgradations on completion of
12 years and 24 years of regular service
respectively. It was further provided that isolated
posts in Group A, B, C and D categories which
have no promotional avenues shall also qualify
for similar benefits. Grant of financial
upgradations under the ACP Scheme was,
however, made subject to the conditions
mentioned in Annexure-I of Office Memorandum
No.35034/1/97- Estt(D) dated 9-8-1999. The
conditions in Annexure I indicate that the ACP
Scheme envisages only a placement in the higher
pay-scale/grant of financial benefits (through
financial upgradation). This is given to the
Government servant concerned, on personal basis
only. It neither amounts to functional/regular
promotion nor requires creation of new posts for
the purpose. The aforesaid clarification makes it
abundantly clear that the financial upgradation
was granted to Shri Madan strictly inconformity
with the aforesaid scheme. Therefore, the
objections raised by the appellant were without
any basis and wholly misconceived."
21. Referring the aforesaid citations, Learned Senior
Counsel for the respondent-petitioners submitted that since the
TCS Officers of the State of Tripura have given the benefit of SSG
by way of amendment of the Service Rule and also the same
Government on principle intended to extend the same benefit for
the TPS Officers who are also get selected through the same
recruitment process being followed for the TCS Officers but with
an ulterior motive to deprive the respondent-petitioners
intentionally is delaying to implement the direction of the Learned
Single Bench and Learned Senior Counsel further submitted that
as submitted by Learned Advocate General, that some of the
respondent-petitioners, by this time, have got promotion as IPS,
so, the plea/stand taken by the respondent-petitioners cannot be
accepted as a genuine one because according to Learned Senior
Counsel, admittedly some of the respondent-petitioners were
given the benefit of IPS by the UPSC but if the directions of the
Learned Single Bench is not implemented, then the TPS Officers in
the coming days, who would be appointed as TPS Officers, Grade-
II would be deprived of getting the promotion like the present
respondent-petitioners.
22. We have given anxious hearing on the subject matter.
It appears that the matters in issue are not a new one rather it is
pending since 2007. It is also on record that the TCS Officers of
the State have given the benefit of SSG to their grade by way of
25th Amendment of Tripura Civil Service Rules 1967 in the year
2005. From the referred communications of the Government, it is
apparent on record that the Government in the year 2007,
decided to amend the Tripura Police Service Rules, 1967 to
provide the benefit of SSG to the TPS Officers. But for some
unknown reasons the same benefit could not be extended to the
TPS Officers of the State for which the respondent-petitioners
were compelled to approach to the High Court seeking relief and
accordingly, a direction was given to form a policy. It is the
admitted position that the Court cannot direct the State
Government to frame a policy or to frame/amend any rule for the
benefit of the employees as well as the officers of the
Government, but if it is found that serious prejudice is caused, in
that case the Court cannot remain as a silent spectator. More
interestingly, in pursuance of the judgment and direction of the
Hon'ble Single Bench, which is presently under challenge before
this Bench, a meeting under the Chair of Chief Secretary of
Tripura was held on 30.10.2021 to discuss and decide the issue
regarding creation of one grade in TPS namely "SSG". But in para
3, the Committee referred the observation of 2015 Cadre Review
of TPS, PHQ and ultimately came to an observation that no
recommendation may be made to create any SSG as a promotion
post in TCS in line of TCS Cadre. But the said Committee in para
nos.5 and 7 made a different contradictory findings, from which it
appears that the matter be remanded back to the State Authority
to reconsider and to rethink on the issue for coming to a definite
finding regarding the observation made by the Learned Single
Bench.
23. Learned Advocate General although referred that the
State Cabinet has taken a decision in this regard, but in this
regard nothing is apprised to the Court in detail, so, this Court at
this stage cannot form any decision on the submission of Learned
Advocate General. However, since the formation of rule is the
prerogative of the State Executive, so, the matter is left to the
discretion of the State Government to take an appropriate decision
on the subject matter in issue.
24. So, considering the facts and circumstances of this
case, this Court does not find any suitable ground to allow the
appeal filed by the State-appellants and accordingly, the appeal
stands dismissed being devoid of merit. The matter is remanded
back to the State Government to take an appropriate decision in
the light of the minutes dated 30.10.2021 signed by the Chief
Secretary as expeditiously as possible and to communicate the
same to the respondent-petitioners. It is expected that, being a
welfare State, the State Government shall consider the grievances
of the petitioners, so that no injustice is caused to them. With this
observation, this Writ Appeal stands disposed of.
Pending application(s), if any, also stands disposed of.
JUDGE JUDGE
SABYASACHI SABYASACHI BHATTACHARJEE
BHATTACHARJEE Date: 2024.04.09 14:27:41
+05'30'
Purnita
