1. This writ petition is filed by the petitioner seeking the following reliefs:-

                  “I. Issue Rule upon the Respondents to show cause as to why a writ in the nature of Mandamus and/or order/orders and/or direction/directions of like nature shall not be issued whereby directing the Respondents to consider the Petitioner for promotion to the post of Senior Scientific Officer.

                  II. Issue Rule upon the Respondents to show cause as to why a writ in the nature of Mandamus and/or order/orders and/or direction/ directions of like nature shall not be issued whereby directing the Respondents to take up the exercise for filling up the promotional post of Senior Scientific Officer in terms of Promotion Policy, 2021 notified vide Notification dated, 22.06.2021.

                  III. Make the rules absolute.

                  IV. Call for records.

                  V. Pass any further Order/Orders as this Hon'ble High Court considered fit and proper.

                  And

                  For this act of kindness, your humble Petitioner as in duty bound shall ever pray.”

2. Heard Learned Sr. Counsel Mr. Purusuttam Roy Barman, assisted by Learned Counsel Ms. Sutapa Debbarma, appearing on behalf of the petitioner. Also heard Learned Addl. GA Mr. Karnajit De, appearing on behalf of the respondents.

3. At the time of hearing Learned Sr. Counsel drawn the attention of the Court that vide Notification No. F.14(135)-HFW/98/4955(V-III) dated July, 1998 (Annexure-1), issued by the Joint Secretary to the Government of Tripura, Health and Family Welfare Department, the petitioner was appointed as Inspecting Officer (Drug) on an ad-hoc basis for a period of six months w.e.f. forenoon of 26th June 1998. Pursuant to the said notification, the petitioner joined her service by submitting joining report, dated, 26.06.1998 before the Chief Medical Officer(s), Udaipur, South Tripura, Govt. of Tripura.

4. Thereafter, the petitioner applied for recruitment to the post of Junior Scientific Officer, Group-A (Gazetted), under the Health and Family Welfare Department, Government of Tripura, pursuant to Advertisement No.10/2001 (item No.8). Upon completion of the selection process, the Tripura Public Service Commission (TPSC), by letter dated 24.03.20225, informed the petitioner that she had been recommended to the Health & Family Welfare Department for appointment to the post of Junior Scientific Officer, Group-A (Gazetted), under the Health and Family Welfare Department (Annexure-3).

5. Thereafter, on 07.12.2007, the petitioner submitted her joining report to the Director of Health Services, Government of Tripura, upon her appointment as Junior Scientific Officer at State Drugs Testing Laboratory. Since then, she has been discharging her duties in the said post without interruption. Her joining was duly accepted by the department vide Memo dated 26.03.2008 (Annexure-5).

6. Learned Sr. Counsel further submitted that vide memo dated 29.06.2011 issued by the Director of Health Services, Govt. of Tripura, the petitioner had joined under the Health & Family Welfare Department as Inspecting Officer (Drugs) on an (Ad-hoc) basis w.e.f. 26.06.1998. It was further certified that, upon the recommendation of the TPSC, the petitioner was appointed as Junior Scientific Officer (regular basis) on 07.12.2007 and working in the State Drugs Testing laboratory.

7. The respondent Department, vide a Memo dated 15.10.2022 (Annexure-7), published the seniority list of the Junior Scientific Officers serving under the Health & Family Welfare Department, wherein the name of the petitioner has been shown in the Sl. No. 2.

8. It was further submitted that vide Notification dated 22.06.2021 issued by the Deputy Secretary to the Govt. of Tripura, the Departmental Promotion Policy, 2021 was notified by the Government. The petitioner has relied upon the said Notification dated 22.06.2021 as Annexure-8.

9. Learned Sr. Counsel further submitted that vide Notification dated 31.12.2021 issued by the Deputy Secretary to the Govt. of Tripura , in consultation with the TPSC, Government was pleased to appoint seven Pharmacist (Allo) working under the Health & Family Welfare Department, on promotion to the post of Inspecting Officer (Drugs), on an ad-hoc basis as a one time measure, with prospective effect, subject to the final outcome of SLP(C) No. 19765-19767 of 2015 pending before the Hon’ble Supreme Court of India.

10. It was further submitted that vide Notification dated 13.01.2004 issued by the Commissioner to the Govt. of Tripura, Health & Family Welfare Department, the Government of Tripura framed the Recruitment Rules regarding the method of recruitment to the post of Senior Scientific Officer under the Health & Family Welfare Department, which came into force w.e.f. 13.01.2004 (Annexure-11).

11. Learned Sr. Counsel also submitted that under the said Recruitment Rules, 2004, the next promotional post available to the petitioner is that of Senior Scientific Officer and that she possesses all the requisite qualifications prescribed for promotion to the said post. It was then submitted that the petitioner has already been granted the ACP-II benefit upon rendering 17 years of continuous service. But the respondent Authority despite her requisite qualification did not consider her promotion to the post of Senior Scientific Officer. In this regard, the petitioner submitted representations to the competent Authority on 31.08.2022 and thereafter on 02.09.2022, 18.10.2022, 20.12.2023. 21.02.2024 & 11.11.2024, but inspite of her aforesaid representations, the respondent Authority did not consider the petitioner for promotion to the post of Senior Scientific Officer and hence she has filed the present writ petition.

12. The respondents have contested the writ petition by filing counter affidavit and in Paragraph 4 thereof, the respondent Authority has asserted the following facts:-

                  4. That, with regard to the statements made in para 11 to 24 of the Writ Petition, I say that, the promotion process for the post of Senior Scientific Officer was initiated by the Government for obtaining approval regarding conducting DPC through TPSC. After obtaining approval, all the requisite documents have also been sent to the Tripura Public Service Commission (TPSC) and Secretary, TPSC was requested for holding DPC for promotion of Junior Scientific Officer to the post of Senior Scientific Officer by a letter vide No. F.3(597)-HFW/2023 dated 10-04-2025.

                  A letter vide No. F.6(1289)-SM/TPSC/2025/134 dated 01-05-2025 was forwarded by the Controller of Examinations, Tripura Public Service Commission to the Health & Family Welfare Department and sought clarification on some points in connection with the holding of DPC, Group-A, Gazetted for promotion of Junior Scientific Officer, to the post of Senior Scientific Officer under the Health & Family Welfare Department, Government of Tripura.

                  It is pertinent to mention here that in the reference to the letter dated 01-05-2025 issued by the Controller of Examinations, Tripura Public Service Commission, regarding amendment of the Recruitment Rules for Senior Scientific Officers and issuing clubbed seniority list in respect of Junior Scientific Officer, under the Health & FW Department, Govt. of Tripura is under process.

                  Copy of the Letter No. F.3(597)-HFW/2023, dated 10-04-2025 is annexed hereto and marked as Annexure - R/1.

                  Copies of the Letter No. F.6(1289)-SM/TPSC/2025/134 dated 01-05-2025 is annexed hereto and marked as Annexure R/2.”

13. However, at the time of hearing, Learned Addl. GA Mr. Karnajit De, submitted that a process is going on for amendment of the Recruitment Rules relating to the post of Senior Scientific Officer and he also drawn the attention of the Court referring Annexure-R1 and Annexure-R2. Annexure-R1 is the letter dated 10.04.2025 issued by the Under Secretary to the Government of Tripura, to Secretary TPSC, requesting for holding of a DPC. Annexure-R2 is the letter communication dated 01.05.2025 issued by the Controller of Examination, TPSC, addressed to the Secretary, Health & Family Welfare Department, Government of Tripura.

                  For the sake of convenience, the contents of the aforesaid communication issued by the Controller of Examination, TPSC, addressed to the Secretary, Health and Family Welfare Department, are reproduced hereinbelow:

                  “ Annexure-R2

                  TRIPURA PUBLIC SERVICE COMMISSION AGARTALA

                  No.F.6(1289)-SM/TPSC/2028/134

                  Dated 01-05-2025

                  To

                  The Secretary to the Government of Tripura

                  Health & Family Welfare Department Agartala.

                  Sub:- Holding of DPC Group-A Gazetted for promotion of Junior Scientific Officer to the post of Senior Scientific Officer under the H&FW Department, Govt. of Tripura.

                  Sir,

                  I am directed to refer to communication of the Health & Family Welfare Department, Govt. of Tripura vide letter No.F.3(597)-HFW/2023 dated 10/04/2025 on the above mentioned subject and to request you to clarify the following points:-

                  i. The Recruitment Rules of Senior Scientific Officer as contained in Para-10 [Method of recruitment for the post] that By promotion failing which by deputation failing both by direct recruitment.

                  As the RR of Senior Scientific Officer contains direct recruitment option, the H&FW Department may amend the RR as per New Recruitment Policy of the State Govt. vide Memo No.F.20(1)-GA(P&T)/18 dated 27-12-2018 or any other changes should be incorporated.

                  ii. Para-11 [In case of rectt...made.] contains-From the post of Junior Scientific Officer with 5(five) years experience in the grade & having experience prescribed in column No,7 above.

                  It is found that there are different category of Junior Scientific Officer namely Junior Scientific Officer (JSM & H) & Junior Scientific Officer (Chemistry) which should be incorporated in the respective para of RR.

                  iii. On scrutiny of seniority list it is also found that there are separate seniority list in respect of Junior Scientific officer. In this respect seniority of the officials should be clubbed.

                  iv. Self Contained Note for Selection Committee is not available along with the proposal. The Department may furnish Self Contained Note for Selection Committee Meeting.

                  v. On scrutiny of the proposal it is found that Shri Satyabrata Bhattacharya. (Seniority position-01) is not cleared from vigilance angle due to DP pending against him. In this regard related document on disciplinary matter to be furnished.

                  Yours faithfully (A. Pal)

                  Controller of Examinations

                  Tripura Public Service Commission”

14. Heard both the sides and perused the writ petition and the counter affidavit filed by the respondents.

15. It is a settled principle of law that promotion cannot be claimed as a matter of right. However, promotion is granted to eligible and deserving candidates in order to provide career advancement and upliftment of employees serving in various departments. In the present case, as per the Recruitment Rules relied upon the by the petitioner (Annexure-11), it appears that for the post of Senior Scientific Officer, the requisite eligibility criteria include five years of experience in the relevant Grade and such other experience as prescribed in the relevant column of the Rules. The method of recruitment prescribed for the said post is “by promotion failing which by deputation and failing both, by direct recruitment”.

16. Now for the sake of convenience, let us reproduce here in below the relevant schedule of the Recruitment Rules dated 13.01.2004 (Annexure-11), relied upon by the petitioner, which is reproduced hereinbelow:-

                  “SCHEDULE-III

                  RECRUITMENT RULES FOR THE POST OF SENIOR SCIENTIFIC OFFICER UNDER THE HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT OF TRIPURA.

                  1. Name of Post Senior Scientific Officer

                  2 No. of Post 1(one) plus additional posts as and when created

                  3. Classification Group 'A' Gazetted

                  4. Scale of Pay Rs. 10650-325-15850/- subject to revision by the Government from time to time.

                  5. Whether selection post or non-selection post Selection.

                  6. Age limit for direct Age limit 50 (fifty) years is recruits. relaxable by 5 (five) years in case of ST/SC/PH candidates and Government Employees.

                  7. Education and other qualification, required

                  Essential:

                  1) Education: Graduate degree in for direct recruits. Pharmacy from a recognized

                  University.

                  ii)Experience: Fulfils the experience for appointment of Government Analyst as laid down under rule 44 of the Drugs & Cosmetics Rules, 1945, as amended from time to time.

                  8. Whether age and educational qualifica -tions prescribed for direct recruits will ap -ply in the case of pro -motees.

                  Age: No

                  Educational Qualification:

                  as per column 7 above.

                  9. Period of probation, if any 2 (two) years

                                  10. Method of recruit- ment:- Whether by direct recruitment or by promotion or by dep-utation/transfer and percentage of the va-cancies to be filled by various method.

                  By promotion failing which by deputation falling both by direct recruitment.

                  11. In case of recruit- ment by promo- tion/deputation/tran- sfer/grades from wh- ich promotion/depu- tation/transfer to be made.

                  Promotion:

                  From the post of Junior Scientific Officer with 5 (five) years experience in the grade & having experience prescribed in column No. 7 above.

                  12. If a D. P. C. exists, what is its composition.

                  Group A. D. P. C.

                  13. Circumstances in which T.P.S.C. is to be consulted in ma- king recruitment.

                  As required under Tripura Public Service Commission (Exemption for Consultation) Regulation, 1973

                  14. Saving

                  Nothing in these Rules shall affect reservation and other concession required to be provided for SC/ST and other special categories of persons in accordance with orders issued by the Central/State Government from time to time in this regard.”

17. From the aforesaid Recruitment Rules, it appears that the post of Senior Scientific Officer is to be filled by promotion, failing which by deputation, and failing both by direct recruitment and in case of Junior Scientific Officer five years experience is required in the grade. In the present case, the petitioner joined the post of Junior Scientific Officer in the year 2007 and has been continuously discharging her duties in the said post since then.

18. The respondent Authority, by placing reliance on Annexure-R2, sought to draw the attention of the Court that the proposal of amendment of the Recruitment Rules is presently under consideration of the Government. But surprisingly, till today nothing has been submitted by the respondent Authority before this Court regarding further development in this matter.

19. At the same time, as already stated that no employee can claim promotion as a matter of right. But at the same time, inspite of having requisite qualifications and rendering service for a long period an employee also may expect promotion from the Superior Authority if she fulfills the criteria.

20. From the record it appears that in this regard, the petitioner has submitted so many representations to the Authority. But inspite of that the respondent Authority did not give any response/cognizance to her representations regarding her consideration of promotion to the post of Senior Scientific Officer. Situated thus it appears that the respondent Authority without any justified grounds/cause refused to consider the promotion of the petitioner from the post of Junior Scientific Officer to the post of Senior Scientific Officer. In this regard Hon’ble the Supreme Court of India reported in Ajay Kumar Shukla & Ors. Vs. Arvind Rai & Ors. *****, in (2022) 12 SCC 579 wherein para Nos. 41 & 42, Hon’ble the Apex Court observed as under:

                  “41. This Court, time and again, has laid emphasis on right to be considered for promotion to be a fundamental right, as was held by K. Ramaswamy, J., in Lift Irrigation Corpn. Ltd. v. Pravat Kiran Mohanty : (1991) 2 SCC 295 in para 4 of the report which is reproduced below: (SCC p.299)

                  “4…..There is no fundamental right to promotion, but an employee has only right to be considered for promotion, when it arises, in accordance with relevant rules. From this perspective in our view the conclusion of the High Court that the gradation list prepared by the corporation is in violation of the right of respondent-writ petitioner to equality enshrined under Article 14 read with Article 16 of the Constitution, and the respondent-writ petitioner was unjustly denied of the same is obviously unjustified.”

                  42. A Constitution Bench in Ajit Singh (2) v. State of Punjab: (1999) 7 SCC 209, laying emphasis on Article 14 and Article 16(1) of the Constitution of India held that if a person who satisfies the eligibility and the criteria for promotion but still is not considered for promotion, then there will be clear violation of his/her’s fundamental right. Jagannadha Rao, J. speaking for himself and Anand, C.J., Venkataswami, Pattanaik, Kurdukar, JJ., observed the same as follows in paras 22 and 27: (SCC pp. 227-28)

                  “Articles 14 and 16(1): is right to be considered for promotion a fundamental right.”

                  22. Article 14 and Article 16(1) are closely connected. They deal with individual rights of the person. Article 14 demands that the 'State shall not deny to any person equality before the law or the equal protection of the laws'. Article 16(1) issues a positive command that:

                  'there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State'.

                  It has been held repeatedly by this Court that clause (1) of Article 16 is a facet of Article 14 and that it takes its roots from Article 14. The said clause particularises the generality in Article 14 and identifies, in a constitutional sense "equality of opportunity" in matters of employment and appointment to any office under the State. The word "employment" being wider, there is no dispute that it takes within its fold, the aspect of promotions to posts above the stage of initial level of recruitment.

                  Article 16(1) provides to every employee otherwise eligible for promotion or who comes within the zone of consideration, a fundamental right to be "considered" for promotion. Equal opportunity here means the right to be "considered" for promotion. If a person satisfies the eligibility and zone criteria but is not considered for promotion, then there will be a clear infraction of his fundamental right to be "considered" for promotion, which is his personal right.

                  "Promotion" based on equal opportunity and seniority attached to such promotion are facets of fundamental right under Article 16(1).”

                  27. In our opinion, the above view expressed in Ashok Kumar Gupta : 1997 SCC (L & S) 1299 and followed in Jagdish Lal : 1997 SCC (L &S) 1550 and other cases, if it is intended to lay down that the right guaranteed to employees for being "considered" for promotion according to relevant rules of recruitment by promotion (i.e. whether on the basis of seniority or merit) is only a statutory right and not a fundamental right, we cannot accept the proposition. We have already stated earlier that the right to equal opportunity in the matter of promotion in the sense of a right to be "considered" for promotion is indeed a fundamental right guaranteed under Article 16(1) and this has never been doubted in any other case before Ashok Kumar Gupta : 1997 SCC (L & S) 1299 right from 1950."

                  (emphasis in original)

21. From the observations made by the Hon’ble Supreme Court in the aforesaid case, it is evident that the right of a person to be considered for promotion cannot be curtailed expect for a valid and justifiable cause. Here in the present case, after hearing the Learned Counsel for both sides and also after going through the writ petition along with the documents annexed as well as the counter affidavit filed by the respondent State, it appears that there was willful negligence on the part of the respondent Authority in considering the petitioner’s promotion to the post of Senior Scientific Officer. For which in the considered opinion of the Court that the respondent Authority be asked to consider the petitioner’s case for promotion to the post of Senior Scientific Officer, provided she is found otherwise eligible and suitable in all respects, in accordance with law.

22. In the result, the writ petition is allowed.

23. The respondent Authority is directed to consider the case of the petitioner for promotion to the post of Senior Scientific Officer within a period of 4(four) months from the date of passing of this judgment, provided she is found eligible and otherwise fit for promotion to the said post.

With these observations and directions, this writ petition stands disposed of.

Pending application(s), if any, also stands disposed of accordingly.