Govt Must Assign Reasons For Keeping Any Post Vacant: Tripura High Court Asks State To Consider Promoting Female Jailor

The Tripura High Court recently directed the State Jail Department to consider promotion of a Female Jailor to the post of Deputy Superintendent under Home Jail Department, Government of Tripura as she has been serving as Jailor for the last 12 years and has not been considered for promotion till date.

The single judge bench of Justice Arindam Lodh observed: “True it is that, promotion is not a matter of right, but it is a right to be considered. There is no quarrel about this proposition of law. It is also equally true that Court has limited jurisdiction to pass direction upon the employer to fill-up the vacancies. It is the prerogative of the employer whether the vacant posts would be filled-up or not.”

It was the case of the petitioner that she has been discharging her duties and responsibilities as a Female Jailor in Sonamura Sub-Jail, Sepahijala District. For the last 12 years, she has not been considered for promotion to the next higher post i.e. to the post of Deputy Superintendent, under Home Jail Department, Government of Tripura.

It was the further case of the petitioner that there are vacant posts lying with the respondents and despite vacancies, the respondents are apathetic to fill-up the vacant posts without assigning any reason.

The petitioner contended that she has submitted her representation on November 6, 2023 to the authority concern for providing her promotion to the next higher post, but said representation has not been responded by the competent authority.

It was submitted that considering the length of service, the petitioner has now become eligible to be promoted to the post of Deputy Superintendent under Home Jail Department, Government of Tripura, but she has been deprived of her legal entitlement.

The Court noted that 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.

It was observed by the Court that 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, I direct 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. It is made 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 said.

Case Title: Smt. Bela Datta v. The State of Tripura & 2 Ors.

Case No.: WP(C) 826/2024

Click Here To Read/Download Order