2003 (12) TMI 658 - SC - Indian Laws

Summary

Issues:
1. Whether the High Court's direction to provide promotional avenues and graded scale to the respondent was valid.
2. Whether the respondent had a legal right to be promoted.
3. Whether the State had a constitutional obligation to create promotional avenues.
4. Whether the High Court had the jurisdiction to issue a writ for a scale of pay equivalent to the Judicial Service grades.

Analysis:

1. The respondent, appointed as Law Officer-cum-Draftsman, sought two promotional avenues through a writ petition. The High Court directed the appellant to provide three grades, with scales equivalent to the Tripura Judicial Service. The appellants challenged this direction, arguing the respondent had no legal right to such promotions. The respondent supported the order.

2. The Supreme Court noted the single cadre nature of the post with no promotional avenues. Citing precedents, the Court emphasized the importance of providing opportunities for advancement in a career. It highlighted the obligation of the State to create promotional avenues under constitutional provisions. The Court criticized the State for not introducing schemes like Assured Career Promotion, common in other states.

3. The Court held that despite the absence of existing avenues, the respondent was entitled to two higher grades after 12 and 24 years of service. It emphasized the State's duty to follow principles of promotion as a condition of service. The Court criticized the State of Tripura for not implementing such schemes and directed the grant of two promotions to the respondent.

4. While acknowledging the High Court's jurisdiction to issue a writ for a scale equivalent to Judicial Service grades, the Court upheld the direction for two promotions based on service duration. The judgment highlighted the importance of career advancement opportunities and the State's obligation to ensure the same. The appeal was disposed of with the specified directions, emphasizing the respondent's entitlement to promotions based on service duration.