Sri Dilip Banik v. The State of Tripura and 9 Ors
Case at a glance
- Bench
- ARINDAM LODH
Provisions considered
- Constitution of India arts. 14, 16
Judgment
Ms. S. Nath, Advocate None HON’BLE MR. JUSTICE ARINDAM LODH Order 19/12/2023 Heard Ms. S. Nath, learned counsel appearing for the petitioner. None appears for the respondents. It is the case of the petitioner that he was appointed as Mate of Belonia Nagar Panchayat Office in pursuance of a resolution adopted on 03.04.2003 in the scale of Rs.2750-70-3800-75-4325 w.e.f. 01.04.2003 in the office of Belonia Nagar Panchayat. On 16.07.2011, in a meeting of Belonia Nagar Panchayat Committee it was decided that the petitioner would be promoted to the post of Work Assistant(Group-C) and he would be entitled to get an honorarium of Rs.500/- per month till his pay scale of PB-2 Rs.5310- 24,000/- G.P. Rs.2000/- got approved from the Department of Finance. The grievance of the petitioner is that the said decision of the Nagar Panchayat Committee dated 16.07.2011 has not been implemented till today despite repeated representations submitted by the petitioner. I have considered the submissions of learned counsel appearing for the petitioner. At the outset, I must say that the very initial appointment of the petitioner was not only irregular but illegal. The Nagar Panchayat Committee had no right to appoint a person against a post in total disregard of the equality clauses as enshrined in Articles 14 and 16 of the Constitution in the matter of public employment. The appointment of the petitioner is contrary to the normal rules of public employment. Further, he was given a regular pay scale and thereafter, he was promoted to the post of Group-C with regular pay scale, however, subject to the approval of the Finance Department. The petitioner has been discharging his duties as Work Assistant(Group-C) since 16.07.2011, but the regular pay scale fixed for the post has not been provided to him. In the light of above, the case of the petitioner is remitted to the Finance Department, Government of Tripura, to examine the matter afresh as to whether the post of Work Assistant exists or not and whether he is entitled to regular pay scale fixed for the post of Work Assistant(Group-C). With the aforesaid observations and directions, the instant writ petition stands disposed. JUDGE Snigdha SANJAY GHOSH SANJAY GHOSH 16:45:14 +05'30'
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.