In a significant ruling, the Tripura High Court emphasized that while it may not have the jurisdiction to compel the state government to fill vacant positions, the government is nonetheless obligated to provide valid reasons for leaving such posts unoccupied.
Justice Arindam Lodh presided over a case involving a petitioner from the Home Jail Department of Tripura. The petitioner, having served as a Female Jailor for 12 years, sought promotion to the position of Deputy Jail Superintendent. Despite her eligibility and formal representations made in 2023, the department remained unresponsive to her requests.
The petitioner's counsel argued that, given her extensive service, she was entitled to consideration for promotion. Conversely, the government's representative contended that while promotion is not an inherent right, the opportunity for consideration is.
Justice Lodh concurred with the state's position that promotion is not an automatic entitlement. However, he underscored that eligible candidates have the right to be considered for advancement. He stated that departments cannot disregard such representations without providing adequate justification for not filling existing vacancies.
The court observed that if vacancies exist within any government department and remain unfilled, it is incumbent upon the employer to furnish sufficient reasons for this inaction. In this instance, the petitioner, with over a decade of service, had not received any response to her promotion request.
Consequently, the court directed the respondents to judiciously evaluate the petitioner's eligibility for promotion to the Deputy Superintendent position within the Home Jail Department. This ruling reinforces the principle that while promotions are not guaranteed, the process of consideration must be transparent and justified, ensuring that eligible employees are treated fairly and that departmental vacancies are addressed with due diligence.
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