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2021 DIGILAW 195 (TRI)

Ratan Mani Debbarma v. State of Tripura

2021-10-18

ARINDAM LODH

body2021
JUDGMENT Heard Mr. Somik Deb, learned senior counsel assisted by Mrs. Riya Chakrabarty, learned counsel, and Mr. S. Chism, learned counsel appearing for the petitioners as well as Mr. P.K. Dhar, learned Sr. G.A. assisted by Mr. K. De, learned Addl. G.A. appearing for the State-respondents and Mr. Raju Datta, learned counsel appearing for the respondents- TPSC. The facts in brief of the instant case are that, all the four petitioners herein are holding the post of Chief Inspector under the Food, Civil Supplies & Consumer Affairs Department, Government of Tripura. Recently, the respondents has undertaken an exercise to fill up the post of Tripura Civil Services Grade-II from various feeder posts. The Food, Civil Supplies & Consumer Affairs Department, Government of Tripura has recommended the names of the petitioners to the Tripura Public Service Commission for consideration of their promotion which is also approved by the General Administration (Administrative Reforms) Department, Government of Tripura, respondent No.3 herein. After such recommendation by the Government for consideration of promotion of the petitioners to the post of TCS, Grade-II, the competent authority of Tripura Public Service Commission had decided not to consider the names of the petitioners to be eligible for participation in the selection process since the recruitment rule is silent about the post of Chief Inspector of Food, Civil Supplies & Consumer Affairs Department for consideration of promotion to the post of TCS-Grade-II. Mr. P.K. Dhar, learned Sr. G.A. has submitted that recruitment rule prescribes Inspector of Food, Civil Supplies & Consumer Affairs Department as the feeder post for TCS-Grade- II, but not the Chief Inspector of the said Department. I have gone through the recruitment rule. It is clear that there is a vacuum in the recruitment rule as it is silent about the promotional avenues of the Chief Inspector of Food, Civil Supplies & Consumer Affairs Department, Government of Tripura. Indubitably, the post of Chief Inspector is the promotional post of Inspector. TCS, Grade-II is the higher post of the post of the Chief Inspector. It is clear that there is a vacuum in the recruitment rule as it is silent about the promotional avenues of the Chief Inspector of Food, Civil Supplies & Consumer Affairs Department, Government of Tripura. Indubitably, the post of Chief Inspector is the promotional post of Inspector. TCS, Grade-II is the higher post of the post of the Chief Inspector. In my opinion, here the Department has come forward and being very concerned about the recruitment rules in this regard that it only prescribes Inspector and is silent about the Chief Inspector, though, the post of Chief Inspector is the promotional post of Inspector and their names are to be first recommended for promotion to the post of TCS-Grade-II, the State-respondents being conscious about the fact has recommended the names of the petitioners to the TPSC for consideration of their promotion to the post of TCS, Grade-II along with Inspectors. In my considered view, the State-respondents has not committed any illegality in recommending the names of the petitioners holding the post of Chief Inspector of Food, Civil Supplies and Consumer Affairs Department, Government of Tripura. It is the duty of the Tripura Public Service Commission to act in accordance with the recommendation made by the State-respondents. The State respondents are conscious about the fact that the recruitment rule has not specifically stated the post of Chief Inspector, but it prescribes the post of Inspector only and for this reason, with a view to give a purposive interpretation of the recruitment rule in this regard, the Food, Civil Supplies, and Consumer Affairs Department, Government of Tripura has consciously brought the persons holding the post of Chief Inspector in the consideration zone to fill up the post of TCS, Grade-II under the State-respondents. Since I have already stated that the State respondents has not committed any illegality in recommending the names of the petitioners, as they are eligible and to be considered for promotion to the post of TCS, Grade-II, it will be the duty of the Tripura Public Service Commission to act in consonance with the said recommendation for consideration of the names of the petitioners for promotion to the post of TCS, Grade-II. Accordingly, I direct the TPSC to act in accordance with the recommendation made by the State-respondents to fill up the post of TCS, Grade-II from both the Chief Inspector and Inspector. Accordingly, I direct the TPSC to act in accordance with the recommendation made by the State-respondents to fill up the post of TCS, Grade-II from both the Chief Inspector and Inspector. With the above directions, the instant writ petition stands disposed.