High Court of Tripura on Friday in a significant order asked the senior Inspectors of police who had crossed 55 years of age to submit their appeal for promotion to the rank of DSP to the state government.
Justice Arindam Lodh while hearing the writ petition filed Inspector Pritish Bhattacharjee and 26 others also dwelt upon extensively on the term ‘status quo’ as said by the Supreme Court in the wake of which the state government had recently decided to effect ad hoc promotion of the Inspectors to the rank of DSP , but depriving those who had already crossed the 55 years of age bar as on January 1 this year.
The petitioner Inspectors- in total 33 – who were otherwise eligible for the promotion-had earlier submitted a petition to the DGP that they were being deprived of their due promotion for no fault of them as the process was stalled due to the Supreme Court order.
The DGP was also considerate in his opinion about their claim. In his letter to the state government the DGP said, “It is seen that, as on 01/01/2021, 33 Inspectors of Police who otherwise meet all the eligibility criteria had become 55 years or older. ..It may be noted that all the officers have rendered long years of service, including service for at least 5 years in the rank of Inspector. Due to maintenance of ‘status quo’ in matters of promotion in compliance with the interim order dated 27.07.2015 passed by the Hon’ble Supreme Court of India, these officers had not considered for promotion to the next higher rank since last promotion in the rank of TPS Gr-II on 05/06/2013..at this stage when promotions are being resumed, depriving the above mentioned 33 Inspectors of Police from being considered for promotion to the next higher rank in TPS Gr-II for no fault of any one individual, will be deemed unfair to the legitimate career expectations of these officers”.
He then made his opinion clear : In view of the above, it is proposed that, in exercise of Rule 34 “Power to Relax” of The TPS Rules, 1967, the competent authority may kindly relax Rule 14(4) of the TPS Rules, 1967, to allow the DPC to be constituted for the post of TPS Gr-II to consider cases of all officers irrespective of their current age, as a one-time measure.”
But the state rejected the proposal of the DGP.
Here Justice Lodh made an important observation : “the reasoning as given by the state’s Director General of Police in the matter of promotion of his officers should be given due weightage by the government because such reasoning appears to be in consistent with the decision of the government where it desired to initiate the exercise of promotions in the vacant posts in order to augment efficiency of state administrations – .
Justice Lodh said, “In the instant case, ultimately, the DGP being the head of the organization is the best person to decide who would be the best officers to provide an efficient administration in the interest of public”.
“From his communication dated 08.07.2021 it is manifested that he for obvious reasons wanted to fill up the posts of TPS Grade — II from the senior most officers and the DGP did not want to deprive those senior and competent officers who rendered their sincere and dedicated service in the interest of public. The DGP also observed that it would be deemed unfair to the legitimate career expectations of these officers for no fault of them”.
“For the foregoing reasons, I am of the prima facie view that the petitioners were not at fault in any manner to raise their claim for consideration of promotion in the post of TPS, Grade-II and they cannot be held responsible for the stalemate created by the government itself. On conjoint reading of paragraphs 3 and 4 of the notification dated 22 nd June, 2021, it manifests status quo order passed by the Supreme and consequential government decision stood in the way of the petitioners ; chances of promotion from being fairly considered when it was due for such consideration and I reiterate that delay in taking the exercise of such promotion made them ineligible for such consideration which fact the respondents ought to have kept in mind while rejecting the proposal of DGP to give one-time relaxation of age invoking Rule 34 of TPS Rules, 1967.
The High Court then directed the petitions to submit a common representation to the Government of Tripura, particularly, the Secretary, General Administration (P&T) and the Secretary, Home Department, Government of Tripura, to consider their promotion in the post of TPS Grade-II invoking Rule 34 of the Rules, 1967 for relaxation of age of 55 years, one-time ‘measure, as contemplated under Rule 14(4) of the Rules, 1967.
He also further directed that the petitioners to submit representation before the authorities concerned of the government within a period of 4 (four) days from today ( Friday).
The competent authorities of the government shall consider the representation if filed by the petitioners within the next 7 (seven) days and dispose of the same with speaking order. Till then, the State-respondents shall not proceed further with the process of promotion, as initiated under notification dated 18th August, 2021. It is made clear that this order will be confined only to the petitioners of this writ petition.
“Needless to say, that the petitioners are at liberty to approach this court, if they are aggrieved of the response of the respondents regarding their representation”, said the High Court..
