Tripura High Court
Sri Bijoy Saha vs The State Of Tripura on 10 September, 2018
Author: Ajay Rastogi
Bench: Ajay Rastogi
Page - 1 of 6
HIGH COURT OF TRIPURA
AGARTALA
WP(C) No.361/2018
Sri Bijoy Saha,
S/o Lt. Narayan Chandra Saha
of Vidya Sagar Pally (C-Block),
Ishanchandra Nagar, P.S. Amtali,
Tripura(West).
---- Petitioner(s).
Versus
1. The State of Tripura,
Represented by the Secretary,
Department of Industry & Commerce,
New Capital Complex, Agartala, Tripura(west),
Pin- 799010.
2. Tripura Jute Mills Limited,
represented by Managing Director,
of Hapania, Tripura(West).
---- Respondent(s).
Connected with WP(C) No.362/2018 For Petitioner(s) : None.
For Respondent(s) : Mr. N Choudhury, Govt. Advocate HON'BLE THE CHIEF JUSTICE MR. AJAY RASTOGI Order 10/9/2018 Even in second round no one has put in appearance on behalf of the petitioners.
WP(C) No.361/2018
2. The case of the petitioner is that he should be absorbed on the post of Lower Division Clerk(LDC) w.e.f 2nd September, 2002 the day he was allowed to work as Acting LDC in terms of the order dt.27th August, 2002(Annexure-C).
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3. The facts in brief, relevant for the purpose are that the petitioner initially joined service on the post of 'Worker' in Tripura Jute Mills Ltd. vide order dated 12th July, 1996 and thereafter under the working arrangement he was allowed to work as Acting Clerk w.e.f. 2nd September, 2002 vide order dt.27th August, 2002 (Annexure-C) until further orders and pursuant to the interview held on 29th September, 2010 he was later appointed on deputation to the post of Rural Development Organizer under District Rural Development Agency(DRDA), Dhalai District vide order dt.24th October, 2010 (Annexure - F) on certain terms and conditions.
WP(C) No.362/2018
4. In the case of WP(C) No.362/2018, the petitioner was initially appointed as a Trainee on a consolidated stipend for one year on 15th November, 1980 and later vide order dt.12th February, 1983 he was designated as an Over Head Operator and was allowed to work as Acting Clerk vide order dt.10th December, 1998.
5. The grievance of the petitioners is that they are working as Acting Clerk w.e.f 2nd September, 2002/10th December, 1998 at least, may be absorbed on the post of LDC and may be entitled for all consequential benefits including the pay scale of the post of which they were allowed to discharge duties.
6. After the notices came to be served, counter-affidavit has been filed by the respondent and it has been averred in para Page - 3 of 6 6(C) that the post of LDC is to be filled in accordance with the rules framed under the proviso to Art.309 of the Constitution vide notification dt.18th March, 2002. Although the rules have been published by the Government of Tripura, Department of Industries and Commerce but according to the counter-affidavit filed by the respondent-State the same is applicable to the staff working under Tripura Jute Mills as well.
7. According to the statutory rules, the post of LDC/Cashier/Clerk-cum-Typist which is classified as Group - 'C' (Non-Gazetted) is to be filled 80% by direct recruitment & 20% by promotion, failing which by direct recruitment and the procedure of recruitment has also been provided under notification dt.18th March, 2002. Indisputedly, in the instant case, the petitioner has not faced the selection process provided under notification dt.18th March, 2002 for the post of LDC appended under the scheme of rules 2002.
8. Counsel for the respondent submits that in the absence of a procedure prescribed under the scheme of rules being followed mere working as a Clerk on working arrangement will not confer any right to seek absorption.
9. Counsel further submits that there is no provision under the scheme of rules 2002 to make appointment by absorption who had worked as an Acting LDC. It has also been averred that the petitioner in WP(C) No.361/2018 was earlier working on deputation with DRDA, but due to shortage of staff he was Page - 4 of 6 repatriated to his parent department i.e. Tripura Jute Mills Ltd. respondent No.2 and he is, thereafter, working on his substantive posts in Tripura Jute Mills Ltd.
10. After I have heard counsel for the respondent and perusing the records, indisputedly, the post of LDC as per the rules 2002 framed by the government in exercise of its powers conferred under proviso to Art.309 of the Constitution is to be filled by open selection in accordance with the procedure prescribed under the rules which is reproduced herein below :
" SCHEDULE RECRUITMENT RULES FOR THE POST OF LOWER DIVISION CLERK/CASHIER/CLERK TYPIST UNDER THE DEPARTMENT OF INDUSTRIES & COMMERCE, GOVERNMEN OF TRIPURA. 1 Name of the Post(s) :- Lower Division Clerk/Cashier/Clerk-
Typist.
2 Number of post(s) :- 118(One hundred eighteen) plus additional post(s) as and when created.
3 Classification :- Group-'C'(Non-Gazetted). 4 Scale of pay :- Rs.3300-100-4800-110- 5900-120-7100/- subject to revision by the Govt.
from time to time.
5 Method of recruitments :- (i) 80% by direct whether by direct recctts. or recruitment.
by promotion or by
deputation/transfer & AND
percentage of vacancies to be
(ii) 20% by promotion,
filled up by various methods.
failing which
by direct
recruitment.
6 Age limit for direct :- 18-37 years, Upper age
recruitment. limit is relaxable by 5(five)
years in case of SC/ST/PH
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candidates & Government
employees.
7. Educational & other :- (i) Should have passed
qualification required for Madhyamik/H.S. or its
direct recruitment. equivalent examination.
(ii) Knowledge of typing in
English with minimum
speed of 30(thirty) words
per Minute in case of all
categories of L.D.C.s and
in case of Bengali Typist
capability of Typing at
least 25(twenty five)
words per minutes.
8. Whether age & educational :- Age--No,
qualifications prescribed for
the direct recruitment will Qualification--Yest, as per
apply in case of promotes. Col. No.7 above.
9. Whether selection post or :- Non-Selection post.
non-selection post.
10. Period of probation, if any. :- 2(two) Years.
11. In case of recruitment by :- Gestener Operator/Process
promotion/deputation/transfer server/Duftry/Peon/Night
grade, from which Guard/Checker/Chainman
promotion/deputation transfer etc. Group-'D' employees
is to be made. having qualification as
prescribed at Col.-7 above
with 5(five) years
experience in the
grade/Government
service.
12. If a D.P.C. exists, what is its :- Group-'C'(Non-Gazetted)
composition. D.P.C.
13. Circumstances in which :- Not applicable.
T.P.S.C. is to be consulted in
making recruitment.
"
11. According to the scheme of rules, the post of LDC is to be filled 80% by direct recruitment and 20% by promotion failing which by direct recruitment. Indisputably, the petitioners have not faced either of the method of selection process provided Page - 6 of 6 under the recruitment rules notified by the government dt.18th March, 2002 and mere working under the working arrangement as a Acting Clerk would not confer any right to seek absorption, as prayed for, at the same time there is no provision brought to the notice of this Court where appointment/recruitment on the post of LDC can be made by way of absorption and which is indeed not the mode of recruitment to the post of LDC under the scheme of rules 2002.
12. In my considered view, the prayer of the petitioners seeking absorption on the post of LDC on the basis of their working arrangement, being devoid of merit, deserves rejection.
13. Consequently, the writ petitions are devoid of merit and accordingly dismissed. No costs.
CHIEF JUSTICE Certificate:- All corrections made in the judgment/order have been incorporated in the judgment/order. Sukhendu