WP(C)/1250/2016 of SANKAR CHOWHAN Vs THE STATE OF TRIPURA and ORS on 16 December 2016

Party Name : SANKAR CHOWHAN Vs THE STATE OF TRIPURA & ORS

THE HONBLE MR. JUSTICE S.TALAPATRA

Heard Mr. A. Bhowmik, learned counsel appearing for the petitioner as well as Ms. A.S.Lodh, learned Addl. G.A. appearing for the respondents.

Ms. A. S. Lodh, learned Addl. G.A. appearing for the respondents has produced the file No.8(1-211)-LC/PR/2016 of Panchayat Department where in the Note No.7 it appears thatthe petitioner’s name has been examined and recommended by the DPC, but thatrecommendation could not be acted upon on the basis of the opinion given by the LawDepartment in view of the pendency of one SLP pending in the Supreme Court.

Ms. A.S. Lodh, learned Addl. G.A. has also produced the memorandum underNo.F.2(24)/GA(P&T)/05(Vol-II) dated 14.12.2016 whereby the Government hascommunicated that on considering the prevailing circumstances the department of StateGovernment’s can convene the DPC following the reservation policy of the state existedprior to the pronouncement of the judgment by the honourable High Court of Tripura on09.04.2015 in the cases subject to the outcome of the SLP now pending in the Supreme Court.

Ms. A.S. Lodh, learned Addl. G.A. however could not shed any light whether in view of this memorandum dated 14.12.2016, the petitioner’s recommendation will be implemented ornot.

Mr. A. Bhowmik, learned counsel appearing for the petitioner has categorically submitted in view of the recommendation made by the competent DPC the Appointing Authority owes anobligation to appoint the petitioner on promotion to the post of Panchayat ExtensionOfficer. Moreover, the petitioner is on the verge of his retirement as he is stated to retire on31.12.2016 and if that is not considered with expedition he would be deprived of benefit ofthe said post.

Having regard to all these aspects, the respondents are directed to act upon therecommendation made by the competent DPC for appointment of the petitioner on the postof Panchayat Extension Officer as expeditiously as possible.

Accordingly this writ petition stands disposed of. For whatever reason, if the petitioner isaggrieved by any action of the respondents in respect to the promotion to the post ofPanchayat Extension Officer he will be at liberty to approach this court again.A copy of this order be furnished to Mr. A. Bhowmik, learned counsel appearing for thepetitioner in the course of the day so that the petitioner can submit a copy of this order tothe competent authority by 17.12.2016.