Tri HC │TPSC directed to act in accordance with the recommendation made by the State to fill up the post of TCS

Tripura High Court

Tripura High Court: Arinadm Lodh, J., decided in the matter wherein four of the petitioners were holding the post of Chief Inspector under the Food, Civil Supplies & Consumer Affairs Department, Government of Tripura. Respondents had undertaken an exercise to fill up the post of Tripura Civil Services Grade-II from various feeder posts. The Department had recommended the names of the petitioners to the Tripura Public Service Commission for consideration of their promotion which was also approved by the General Administration (Administrative Reforms) Department. 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 was 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.

The Court observed 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. The Court further opined that 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.

The Court further that 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 and 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. The Court directed 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.

[Ratan Mani Debbarma v. State of Tripura, 2021 SCC OnLine Tri 537, decided on 18-10-2021]


Suchita Shukla, Editorial Assistant has put this report together 


Counsels

For the Petitioner(s) : Mr Somik Deb, Mrs Riya Chakraborty and Ms Swarupa Chism

For the Respondent(s) : Mr P.K. Dhar, Sr. G.A. Mr K. De, Addl. G.A. ` Mr Raju Datta

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