State directed to reconsider Chief Justice's proposal for career benefits under Article 229
In a significant ruling, the Tripura High Court has directed the State Government to reconsider the proposal made by the Chief Justice for granting Assured Career Progression (ACP) benefits to Superintendents and Assistant Registrars of the High Court. The judgment, delivered by Chief Justice M.S. Ramachandra Rao and Justice Biswajit Palit, underscores the High Court's autonomy under Article 229 of the Indian Constitution.
The petitioners, employed as Superintendents and Assistant Registrars, had sought ACP benefits due to career stagnation. Despite the Chief Justice's approval of the proposal, the Finance Department rejected it without proper consideration. The Court emphasized that the State Government must respect the constitutional role of the Chief Justice and process such proposals with due diligence.
The judgment criticized the Finance Department for procedural impropriety, noting that the proposal was not discussed with the Council of Ministers nor placed before the Governor. The Court referenced several Supreme Court precedents, asserting that such proposals should generally be approved unless there are compelling reasons.
Highlighting the discriminatory nature of the decision, the Court pointed out that similar benefits were granted to Private Secretaries-I, thus violating the principle of equality under Articles 14 and 16 of the Constitution. The State Government has been given three months to reconsider the proposal and submit it to the Governor.
This ruling reaffirms the judiciary's independence in managing its affairs and sets a precedent for respecting High Court decisions regarding employee welfare.
Bottom Line:
Service Law - Employees of the High Court of Tripura seeking Assured Career Progression (ACP) benefits for Superintendents and Assistant Registrars after five years of continuous service - High Court's autonomy under Article 229 of the Constitution emphasized - State Government directed to reconsider the Chief Justice's proposal with due process and place it before the Governor.
Statutory provision(s): Article 229 of the Constitution of India, Articles 14 and 16 of the Constitution of India.
Sri. Sunanda Kumar Gangapadhyay v. State of Tripura, (Tripura)(DB) : Law Finder Doc id # 2880989
