Tripura Gramin Bank v. Sri Sekhar Deb

Order

27/06/2023

IA No.01/2023 in WA No.39 of 2023

Heard Mr. A.R. Barman, learned counsel for the applicant/appellant and Mr. P.K. Pal, learned counsel for the private respondents on the prayer for condonation of delay of 230 days in preferring the instant memo of appeal.

There is no objection to the prayer.

As such, considering the explanation urged and the submission of the parties, delay is condoned.

IA stands disposed of.

WA No.39 of 2023

Mr. A.R. Barman, learned counsel for the appellant, submits that the present appeal is confined to the operative direction passed by the learned Writ Court vide order dated 12.08.2022 passed in WP(C) No.474 of 2020 whereunder the respondent-Bank had been directed to appoint the petitioners under the Normal Channel pursuant to the advertisement dated 11th December, 2019 as Officers Scale-I. But the petitioners, being otherwise eligible under the Fast Track Channel, may be allowed to be appointed to the promoted post of Officer Scale-I from the Fast Track Channel instead of Normal Channel.

It is also pointed out that the petitioners had applied for Fast Track Channel. But initially the stand of the Bank was that the appointment from Fast Track Channel would be limited to 15(fifteen) posts only. This contention of the respondent-Bank was not accepted by the Writ Court. The learned Writ Court was of the opinion that the eligible candidates who had applied for being considered as Fast Track category, there was no necessity for not considering them for Normal Channel since vacancies in the Normal Channel admittedly existed. Therefore, the rationale of not filling those 14 posts available under the Normal Channel was without any basis.

Learned counsel for the appellant submits that the Bank has, after consideration, realized that these applicants, being eligible under the

Fast Track Channel, ought to be promoted from that category only and not through Normal Channel, as for the Normal Channel, they do not complete the necessary years required for coming into the zone of consideration. If the operative direction of the learned Writ Court is modified to that extent, it would be proper for the respondents to comply with the order and promote the writ petitioners against the posts available under the Fast Track Channel.

Learned counsel for the writ petitioners/respondents submits that petitioners have no issue on being permitted from either of the channels if vacancies exist.

Having heard learned counsel for the parties, since the appellant-Bank is inclined to promote the writ petitioners to the post of Officers Scale-I pursuant to the advertisement dated 11th December, 2019 and comply with the direction of the Writ Court, we leave it to the appellant-Bank to consider the cases of the writ petitioners, in any of the channels - whether Normal Channel or Fast Track Channel, for promotion. Any other directions contained in the operative part of the order dated 12.08.2022 shall remain intact.

The instant appeal stands disposed of.

Pending application(s), if any, also stands disposed of.

(ARINDAM LODH), J (APARESH KUMAR SINGH), CJ Pijush MUNNA SAHA Date: 2023.06.30 12:17:36 +05'30'

HIGH COURT OF TRIPURA AGARTALA IA No.01/2023 in WA No.39 of 2023 and WA No.39 of 2023 Tripura Gramin Bank ………Applicant/Appellant(s); Versus Sri Sekhar Deb and others ………Respondent(s). For Applicant/Appellant(s) : Mr. A.R. Barman, Advocate. For Respondent(s) : Mr. P.K. Pal, Advocate, Mr. S. Datta, Advocate. HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH HON'BLE MR. JUSTICE ARINDAM LODH