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2005 Supreme(Gau) 783
IN THE HIGH COURT OF GAUHATI (AGARTALA BENCH)
Tinlianthang Vaiphei, J.
Lalit Debnath – Appellants
Vs.
Tripura University and other – Respondent
W.P. (C) No. 335 of 2003
Decided On: 18.11.2005
For Appellant/Petitioner/Plaintiff:B. Das, S. Das and D. Chakraborty, Advocates
For Respondents/Defendant:S. Deb and P.K. Pal, Advocates
The post of Senior Laboratory Assistant is not the feeder post for promotion to higher administrative posts in Tripura University.
Headnote:
Promotion - Tripura University - Tripura University Act - 1st Ordinance - 1989 - 1999 - 2003
Fact of the Case:
The petitioner challenges the non-promotion to the post of Assistant Registrar/Assistant Controller of Examinations in Tripura University and the promotion of private respondents to the posts of University Accounts Officer and Assistant Controller of Examinations. The petitioner contends that he is eligible for promotion based on his salary scale and alleges favoritism and violation of Article 14 of the Constitution.
Finding of the Court:
The court finds that the post of Senior Laboratory Assistant is not the feeder post for promotion to the post of Assistant Registrar/Assistant Controller of Examination and other equivalent posts. The court upholds the impugned promotion orders of the private respondents and dismisses the petition.
Issues: The main issue is whether the post of Senior Laboratory Assistant is the feeder post for promotion to the post of Assistant Registrar/Assistant Controller of Examination and other equivalent posts.
Ratio Decidendi: The court relies on the consistent practice of filling up promotion posts from non-technical posts, the absence of specific provision making the post of Senior Laboratory Assistant the feeder post, and the discretion of administrative authorities in choosing promotion criteria.
Final Decision: The petition is dismissed.
Tinlianthang Vaiphei, J.
1. The non-promotion of the Petitioner to the post of Assistant Registrar/Assistant Controller of Examinations or the equivalent post thereto in the Tripura University and the vires of the impugned orders promoting the private Respondents to the post of University Accounts Officer and Assistant Controller of Examinations are called into question in this writ petition.
2. The factual matrix leading to the filing of the writ petition may be briefly noted first. The Petitioner was appointed as laboratory Assistant (Chemistry) in the higher scale of pay on 30.01.1979. In the year 1979, this post came to be re-designated as Senior Laboratory Assistant. In the year 1987, the Tripura University was established under the provisions of the Tripura University Act with the result that the employees of the erstwhile Calcutta University Post Graduate Centre at Agartala stood absorbed to the service of the newly constituted Tripura University. It would appear that the pay of the employees of the Tripura University got revised with effect from 01.01.1986 whereupon three pay scales were envisaged for the post of Senior Laboratory Assistant viz. (i) Rs. 1500-3320/- (ii) 1550-3530/- and (iii) Rs. 1830-3930/- in which the Petitioner was allow the pay scales of Rs. 1500-3320/-. After completion of ten years of continuous service in that post, he was given the next higher grade of Rs. 1550-3530/- w.e.f. 01.01.1989. It further appears that by the time the Petitioner was eligible for the next higher grade of Rs. 1830-3930/-, this scale of pay got revised to Rs. 7450-13,000/- w.e.f. 01.01.1996 but he was allowed to move to this pay scale w.e.f. 01.01.1996. On the other hand, the Respondents No. 3 and 4 entered into the same service as Lower Division Clerks in the lower pay scale, which was also revised to higher pay scale from time to time.
3. It would further appear that the Respondent No. 3 was given two promotions and till the relevant time was holding the post of Superintendent in the pay scale of Rs. 6500-12300/-. Similarly, the Respondent No. 4 was also given two promotions and was till the relevant time enjoying the pay scale of Rs. 6500-12300/-. According to the Petitioner, under the provisions of the Tripura University Ordinances and the First Regulation of 1999, there are six category of post in the Tripura University and the officials who are getting the pay scales of Superintendent are eligible for promotion to the post of Assistant Registrar/Assistant Controller of Examinations and the equivalent posts. It is the case of the Petitioner that since he is enjoying salaries in a pay scale higher than the pay scale of the post of Superintendent, he is also equally eligible for promotion to the post of Assistant Registrar/Assistant Controller of Examinations and/or equivalent posts, but for reasons best known to the Respondents No. 1 and 2, he has not been considered for such promotion though he is rotting in the same post since 30.01.9979 which is contrary to the law laid down by the Apex Court.
4. It is further contended by the Petitioner that the Respondent No. 4, who was initially appointed as L.D.C., was given two promotions i.e., first to the post of Senior Assistant and thence to the post of Head Cashier, which was subsequently re-designated as Supervisor, in addition to allowing him to move to the higher pay scale under the Career Advancement Scheme (CAS), even though he was never stagnated in the post she held heretofore. This, according to the Petitioner, is nothing but favouritism to give undue benefit to the said Respondent, and is also a device to bring him within the zone of consideration for promotion to the post of Assistant Registrar/Assistant Controller of Examinations or other equivalent posts at the expense of the Petitioner, who, enjoying a higher pay scale, has been denied consideration for promotion to the said posts. It is contended by the Petitioner that since Explanation 3 to Clause 79 (Ch
