Employer Is Obligated To Furnish Reasons For Not Filling-Up Vacant Govt Posts : Tripura High Court

The Tripura High Court on Tuesday (January 7) noted that while its jurisdiction to direct the State Government to fill vacant posts is limited, the government is nonetheless obligated to provide reasons for leaving these posts unfilled within its departments.

Justice Arindam Lodh, presiding over a single bench, was hearing a writ petition against the Tripura Government's Home Jail Department. The petition challenged the department's inaction in addressing the petitioner's representation for promotion. The petitioner, having completed 12 years of service, claimed eligibility for promotion to the position of Deputy Jail Superintendent but alleged that no response was provided to her request.

The petitioner's case was that she made representations to the Respondent-Competent authority to consider her application for the promotion to the post of Dy. Jail Superintendent in 2023, but the authority didn't pay heed to her representation despite vacancies being underlying the said posts in the department.

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

Per contra, Government Adv submitted that promotion is not a matter of right. It is a right to be considered by the employer.

Upon hearing the parties, the court agreed with the State's argument that promotion is not a matter of right but noted that it is a right that needs to be considered.

The Court said the department cannot sit on the representation made by the petitioner on her promotion and instead has to provide the reasons for not filling up the underlying vacant posts.

“Having kept in mind the aforesaid proposition of law, in my opinion, 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. The 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.”, the court observed.

Accordingly, the Court directed “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.”

Also, the petitioner was given liberty to approach the court, if aggrieved by any order passed by the respondents.

Appearance:

For the Petitioner(s) : Ms. R. Purkayastha, Advocate

For Respondent(s) : Mr. Kohinoor N. Bhattacharjee, GA

Case Title: Smt. Bela Datta Versus The State of Tripura and 2 others, WP(C) 826/2024

Click here to read/download the order