Govt is required give justification for unfilled up posts in its departments

Agartala, Jan 11, 2025, By Our Correspondent89

The High Court of Tripura, while hearing a writ petition, remarked that though it does not have the power to mandate the State Government to fill vacant posts, it is incumbent upon the government to provide adequate justification for why such vacancies persist in its various departments. The Single Bench of Justice Arindam Lodh made this observation on January 7 while presiding over the case of Bela Datta, a Female Jailor at Sonamura Sub-Jail, who has been serving in her position without promotion for the past 12 years.

Datta filed the petition seeking elevation to the post of Deputy Superintendent in the Home Jail Department of Tripura. Her petition highlighted that despite her consistent service and the existence of vacant positions in the department, her formal request for promotion, submitted on November 6, 2023, had not been considered by the authorities. She argued that the department’s inaction was arbitrary and deprived her of her rightful opportunity to advance in her career.

Advocate R. Purkayastha, representing Datta, presented arguments emphasizing her eligibility for promotion based on her length of service and professional record. He contended that the petitioner had fulfilled all necessary criteria for the post of Deputy Superintendent but was being unfairly denied due consideration. Purkayastha also pointed out the prolonged nature of the vacancies in the department, asserting that this reflected systemic inefficiency and disregard for employees’ legitimate career progression.

Countering these claims, Government Advocate Kohinoor N. Bhattacharjee submitted that promotion is not an absolute right and does not guarantee automatic elevation. Instead, it is a matter of discretion, to be decided by the employer based on rules, performance, and administrative requirements. Bhattacharjee stressed that while employees are entitled to be considered for promotion, this does not obligate the employer to grant it.

Justice Lodh, while acknowledging the government’s stance, highlighted a critical legal principle: though promotion is not an inherent right of the employee, employers must justify their decision to keep positions vacant, especially when eligible candidates exist. He remarked, “If vacancies exist in any government department and are not filled, it becomes the obligation of the employer to assign sufficient and valid reasons for such inaction. The petitioner, having served as a Female Jailor for 12 years, is clearly eligible to be considered for promotion to the post of Deputy Superintendent in the Home Jail Department of Tripura. Her representation, submitted in November 2023, has not been acted upon by the respondents, which cannot be justified without adequate reasoning.”

The Court emphasized that the authorities cannot remain indifferent to the petitioner’s request. It directed the respondents to apply their judgment judiciously and consider Datta’s promotion in accordance with the relevant rules and regulations. Justice Lodh instructed the department to complete the entire process within eight weeks from the date of receipt of the Court’s order. Furthermore, the respondents were mandated to communicate their decision to the petitioner promptly.

The Court also provided a safeguard for the petitioner, clarifying that if she found the authorities’ decision unsatisfactory or unjust, she would have the liberty to approach the Court again for further redress. Justice Lodh underscored the importance of adhering to timelines and ensuring transparency and fairness in decisions related to promotions and vacancy management.