The Tripura High Court has observed that while it has limited jurisdiction to compel the State Government to fill vacant posts, the government is obligated to provide valid reasons for leaving these positions unfilled within its departments.

The Court made the observation while dealing with a Writ Petition challenging the Tripura Government’s Home Jail Department for inaction on a promotion request.

The Single-Bench of Justice Arindam Lodh, noted that failing to address the petitioner’s representation for promotion is contrary to established principles of law.

"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," the Court said.

It held, "If a 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."

Advocate R. Purkayastha appeared for the petitioner, and Advocate Kohinoor N. Bhattacharjee appeared for the respondent.

The petitioner, a Female Jailor with 12 years of service, claimed eligibility for promotion to the post of Deputy Jail Superintendent. She contended that despite submitting multiple representations to the Respondent-Competent Authority in 2023, no action had been taken, even though the department had existing vacancies.

The petitioner’s counsel argued that her long tenure made her eligible for promotion under the applicable rules. However, she was denied this legal entitlement due to the department's inaction.

The State’s counsel countered, asserting that promotion is not an inherent right but rather a right to be considered by the employer.

"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,” the Court observed.

The Court directed the Home Jail Department to apply its "judicious mind" to consider the petitioner’s promotion to the post of Deputy Jail Superintendent in accordance with the rules. The Court mandated that the process be completed within eight weeks from the date of receipt of the order.

The Court further clarified that the petitioner retains the right to approach the judiciary if she is aggrieved by any subsequent decision by the department. "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. Whatever decision is taken by the respondents-authority, it may be communicated to the petitioner. The petitioner is given liberty to approach the court, if aggrieved by any order passed by the respondents," the Court ordered.

Cause Title: Smt. Bela Datta v. The State of Tripura and 2 others [WP(C) 826/2024]

Click here to read/download the Order


Justice Arindham LodhTripura High Court

Sukriti Mishra

    Sukriti Mishra was a Legal Correspondent at Verdictum. She covered the Supreme Court. She completed her graduation with BA. LL.B (Hons.) from The ICFAI University, Dehradun. Sukriti started covering courts in March 2022. She had previously worked with another legal news portal, where she covered the Delhi High Court and Trial Courts.