Employees in government departments have a legitimate expectation for promotions when eligibility criteria are met, necessitating timely action by authorities.

JUDGMENT

1. Heard Mr. Koushik Roy, learned counsel appearing for the petitioner as well as Mr. S. Bhattacharjee, learned counsel appearing for the respondents.

2. All these writ petitions being WP(C)No.592 of 2021 [Sri Samir Dey versus The State of Tripura and Others], WP(C)No.593 of 2021 [Sri Dilip Dey versus The State of Tripura and Others], WP(C)No.594 of 2021 [Sri Maran Chandra Saha versus The State of Tripura and Others], WP(C) No.595 of 2021 [Sri Pradip Sarkar versus The State of Tripura and Others] & WP(C)No.596 of 2021 [Sri Biswajit Debbarma versus The State of Tripura and Others] are clubbed together for disposal by a common judgment inasmuch as the writ petitioners have for all purposes urged this Court for extending the benefit of recruitment on promotion in terms of Rule 10(b) & (c) of the Tripura Government Vehicles Drivers Service Rules , 1979.

3. There is no dispute that the petitioners are working under the Forest Department and in the said department, there are vacancies for the post of Drivers, to be filled up by way of promotion from the Group-D employees who have driving license and the experience of driving the vehicles.

4. From the communication dated 25.11.2015 [Annexure-5 to the writ petition], it appears that from the Office of the Principal Chief Conservator of Forests (PCC, for short), Government of Tripura, the Transport Department was requested to hold the due test of the eligible Group-D employees for purpose of promotion to the post of Driver (borne in the Group-C) against the available vacancies.

5. Mr. Koushik Roy, learned counsel appearing for the petitioner has succinctly stated before this Court that despite the said request, no initiative has been taken to hold the test of the Group-D employees having driving license and experience of driving for their recruitment or promotion to the post of the Driver (Group-C). Thus, the petitioners' legitimate expectation has been belied.

6. In support of his contention, Mr. Roy, learned counsel has relied on two decisions of this Court namely Shri Bidhan Chandra Das v. The State of Tripura and Others [judgment dated 08.08.2017 delivered in WP(C)No.1370 of 2016] and Sri Manik Das and Another v. The State of Tripura and Others [judgment dated 30.08.2019 delivered in WP(C)No.646 of 2019]. This Court is of the view that due process is required to be followed without much delay for filling up of the vacancies following the rules as stated above.

7. Mr. S. Bhattacharjee, learned counsel appearing for the respondents has fairly submitted before this Court that already the Transport Department has requested the Office of the Principal Chief Conservator of Forests for sending the names of the Group-D employees of that Department having valid driving license along with roster verification report from SC and ST Welfare Department in the prescribed proforma and along with the concurrence of the Finance Department for conducting the practical test and interview to assess the suitability of the candidates for promotion to the post of Drivers.

8. On a question from this Court Mr. Bhattacharjee, learned counsel appearing for the respondents has stated that process is on and within a short while such test will be organized for making recommendation for recruitment on promotion to the post of Driver, borne in the Group-C.

9. Having situated thus, this Court is of the view that substantive delay has already taken place. Therefore, it is expected that speedy steps to be taken by the respondents to complete the process.

The respondents are therefore directed to complete the entire process of promotion without further delay preferably by 15th of April, 2022.

In terms of the above, this writ petitions are disposed of.

There shall be no order as to costs.

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