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Appellants: State of Tripura and Ors. Versus K.K. Roy

2003 (12) TMI 658 - SUPREME COURT OF INDIA

Civil Appeal No. 6253 of 1998 - Dated:- 12-12-2003 - V.N. Khare C.J. And S.B. Sinha, JJ. For Appellant/Petitioner/Plaintiff: Navin Prakash, Adv., Anurag Sharma, Adv. for Gopal Singh, Adv For Respondents/Defendant: S.V. Deshpande, Adv. JUDGMENT S.B. Sinha, J. 1. Having been selected by the Tripura Public Service Commission, the respondent herein was appointed, as Law Officer-cum-Draftsman in the Directorate of Cooperation, Government of Tripura. There was only one post in the same Cadre and it ha .....

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directed to provide 'the graded scale' to the appellant by providing three grades, the initial being Grade III which is the Post of Law Officer - cum - Draftsman and thereafter Grade II and Grade I. Officer of Tripura Judicial Service. It was further directed: "The scale of pay of Grade - II Law officer-cum-Draftsman shall be same as Grade-II officer of the Tripura Judicial Service. The scale of pay of Grade-I Law Officer-cum-Draftsman shall be equal to the scale of pay of Grade-I .....

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t the learned counsel would contend, is wholly without jurisdiction. The learned counsel, appearing on behalf of the respondent, however, has supported the said order. 4. Indisputably, the post of Law Officer-cum-Draftsman is a single cadre post. It is also undisputed that there does not exist any promotional avenue therefore. The respondent is holder of a Master Degree as also a Degree in Law. He was appointed in the year 1982. If the contention of the appellant is to be accepted, the responden .....

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y to advance. This is the oldest and most important feature of the free enterprise system. The opportunity for advancement is a requirement for progress of any organisation. It is an incentive for personnel development as well. (See : Principles of Personnel Management by Flipo Edwin B., 4th edn.? p. 246). Every management must provide realistic opportunities for promising employees to move upward. "The organisation that fails to develop a satisfactory procedure for promotion is bound to pa .....

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of India AIR1990SC311 , wherein this Court in no uncertain terms laid down the law stating: "...Promotion is thus a normal incidence of service. There too is no justification why while similarly placed officers in other ministries would have the benefit of promotion, the non-medical 'A' Group scientists in the establishment of Director General of Health Services would be deprived of such advantage. In a welfare State, it is necessary that there should be an efficient public service .....

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spondent having regard to its constitutional obligations adumbrated in Articles 14 and 16 of the Constitution of India. Despite its constitutional obligations, the State cannot take a stand that as the respondent herein accepted the terms and conditions of the offer of appointment knowing fully well that there was no avenue of appointment, he cannot resile therefrom. It is not a case where the principles of estoppel or waiver should be applied having regard to the constitutional functions of the .....

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