The court emphasized the necessity of adhering to statutory promotion processes and reservation policies to ensure timely and fair promotions, particularly for Scheduled Caste members.

JUDGMENT

S. Talapatra, J. - Heard Mr. B. N. Majumder, learned senior counsel assisted by Mr. S. C. Sen, learned counsel appearing for the petitioner as well as Ms. A. Chakraborty, learned counsel led by Mr. S. S. Dey, learned Advocate General appearing for the respondents no.1, 2, 4, 5 and 6 and Mr. R. Datta, learned counsel appearing for the respondent No.3.

2. The grievance of the petitioner as agitated in the writ petition falls within a very short compass. The petitioner belongs to Scheduled Caste category and presently holding the post of Joint Director under the Animal Resource Development Department. He was promoted to that post on 31.03.2015 and hence, he has served more than seven years in the post, borne in Grade-II under the said department. According to the petitioner, for his next promotion qualifying service that is required is five years and he has completed that term. Even though there two vacancies are available with the respondents except the respondent No.3, no step has been taken to fill up the post to the serious detriment of the petitioner. The petitioner legitimately expects that promotion to the next higher grade should be considered for purpose of administrative efficiency or as incentive to the petitioner.

3. Mr. B. N. Majumder, learned senior counsel appearing for the petitioner has drawn attention of this court to the new promotion policy, as has been adopted by the State Government vide the notification dated 22.06.2021 [Annexure-4 to the writ petition]. According to Mr. Majumder, learned senior counsel, the department has failed to initiate the process for filling up the post following the rule including the exchange rules as provided under the Tripura Scheduled Castes and Scheduled Tribes Reservation Rules, 1992 as amended from time to time. A bare reading of clause-7 of the promotion policy, 2021 would make it abundantly clear that prescription of clause-7 of the Tripura Scheduled Castes and Scheduled Tribes Reservation Rules, 1992 lay down that following the above policy, the DPC will identify employees eligible for promotion to a particular post against the available vacancies. After this exercise, DPC shall consider another exercise taking into account the procedure as stated in the rule 9(2) of the Tripura SC & ST Reservation Rules, 1992. Due to such exercise, if any candidate is found not considered in the process as stated in the above process, then such candidates shall be considered for ad-hoc promotion by creating supernumerary post(s).

4. The DPC shall take into account the procedure as stated in Rule-9(2) of the Tripura SC & ST Reservation Rules, 1992. During such exercise, if any candidates found not considered in the process in the above process, that such candidate shall be considered for ad-hoc promotion by creating supernumerary post.

5. Mr. S. S. Dey, learned Advocate General has fairly submitted that the Government has no inhibition for initiating the promotion process, but it would take a reasonable time to complete. Having that submission in view, the respondents are directed to initiate the process having the object of completing the same, within a period of 6(six) months from the date when a copy of this order be furnished to the respondents. It is made absolutely clear that at the time of considering the eligible persons for promotion to the post of Addl. Director under the Animal Resource Development Department an appropriate zone according to the DPC rules be created having considered the reservation policy for that purpose.

6. In the circumstances, this court is of the view that the promotion policy that has been adopted by the Government of Tripura, as referred above, shall also be considered with regard to the observation