The High Court of Tripura observed that although its authority to mandate the State Government to fill vacant positions is restricted, the government is required to justify why these positions remain unoccupied in its departments.
The Single-Bench of Justice Arindam Lodh made the observation on January 7 during a hearing of a writ petition filed by Ms Bela Datta, a Female Jailor in Sonamura Sub-Jail, who has been serving for 12 years without promotion.
She sought elevation to the post of Deputy Superintendent in the Home Jail Department of Tripura. Her plea argued that despite vacant positions, the department failed to act on her request for promotion, which she formally submitted on November 6, 2023.
Representing the petitioner, Advocate Ms. R. Purkayastha contended that Ms. Datta, given her length of service, is eligible for promotion but has been unfairly denied the opportunity.
Countering this, Government Advocate Mr. Kohinoor N. Bhattacharjee emphasized that promotion is not an absolute right but a matter to be considered by the employer.
Justice Lodh, while reiterating the legal stance that promotion is a right to be considered even as promotion is not a matter of right, underlined the obligation of employers to justify why vacancies are not filled.
The Court stated that the department cannot ignore the petitioner’s request for promotion and must instead explain the reasons for leaving the related vacant positions unfilled.
The Court observed, “Having kept in mind the aforesaid proposition of law, in my opinion, if vacancy exists in any department under the Government or any other authority, and the same is not filled-up, then, it is the obligation of the employer to assign sufficient reason for not filling up the same. The petitioner is otherwise eligible to be considered for promotion to the post of Deputy Superintendent under Home Jail Department, Government of Tripura, as she has been serving as Female Jailor for the last 12 years. She submitted representation, but, her representation has not been considered by the respondents till date”.
In view of this, Justice Lodh directed the respondents to apply their judicious mind as regards consideration of promotion of the petitioner to the post of Deputy Superintendent under Home Jail Department, Government of Tripura, in accordance with rules.
The Court also made it clear that the entire process shall be completed within 8(eight) weeks from the date of receipt of the copy of this order.
The Court further mentioned, whatever decision is taken by the respondents-authority, it may be communicated to the petitioner. The petitioner is given liberty to approach the court, if aggrieved by any order passed by the respondents.
(Tripura, Northeast)
