M.S. Ramachandra Rao, C.J.

1. This writ appeal is preferred against the judgment dt. 03.10.2024 of the learned Single Judge in WP(C) No.452 of 2024.

2. The appellant had filed this Writ Petition challenging the absorption of the 5th respondent to the post of Basic Teacher in the discipline of General Surgery in terms of an advertisement dt. 11.02.2022 filed as Annexure-1 in the Writ Petition.

3. 3 (three) posts of Basic Teacher in the discipline of General Surgery were vacant at that point of time which had to be filled up by absorption. Out of these 3 (three) posts, one post was reserved for Unreserved category, one for Scheduled Tribe and one for Scheduled Caste. The advertisement stipulated that absorption will be made on the basis of Seniority in marks.

4. For the Scheduled Tribe category only the appellant and the 5th respondent under consideration. The 5th respondent secured 53.97 API score while the appellant who was junior to the 5th respondent got 53.6 API score.

5. The appellant contended in the Writ Petition before the learned Single Judge in the Writ Petition that the 5th respondent had already been promoted as Grade-II Medical Officer on ad-hoc basis and so his selection and absorption as Basic Teacher in the discipline of General Surgery is illegal because the Tripura Government Medical Education (Administrative & Faculty) Services Conditions Rules, 2015 dt. 04.08.2015 required that only persons in Grade-III and Grade-IV posts were eligible for absorption as a Basic Teacher and the 5th respondent was therefore not eligible.

6. The learned Single Judge in the impugned judgment rejected his plea and held that the 5th respondent had been given only an ad-hoc promotion to Grade-II post on 31.12.2021; an ad-hoc appointment or promotion to a post was merely a stop-gap arrangement to meet certain administrative exigencies; and an ad-hoc appointee cannot be said to be holder of the post on permanent or regular basis. He also held that as per the policy framed by the State Government on 22.06.2021 for promotions, such promotions would only be on ad-hoc basis and since the 5th respondent‟s promotion to the Grade-II post was not on a permanent basis, he is eligible because he secured more API score than the appellant and so he should be absorbed to the post of Basic Teacher in the discipline of General Surgery against the ST category.

7. Challenging the same this appeal is filed.

8. On 01.04.2025 this appeal was admitted and on 11.09.2025 this Court opined that prima facie the nomenclature of “ad-hoc‟ promotion used in the order dt. 31.12.2021 promoting the 5th respondent to the Grade-II post is in fact a regular promotion though subject to the result in the SLPs pending in the Supreme Court in SLP(C). No.19765-19767 of 2015 relating to implementation of reservation for SC and ST candidates; and the said promotion cannot be termed as ad-hoc in the facts and circumstances of the case. It was also opined prima facie that an ad-hoc promotion cannot continue for long periods (such as exceeding 2 years in the instant case) and is normally only a short term stop gap arrangement; and consequently, the respondent No.5 was not eligible for being considered for absorption as Basic Teacher as per the 2015 Rules.

9. Therefore, stay was granted of the proceedings dt. 27.06.2024 absorbing the respondent No.5 in the post of Basic Teacher until further order.

10. Thereafter, the State Government issued a notification dt. 01.12.2025 modifying the Promotion Policy, 2021 dt.22.06.2021 stating as under:

               “Whereas, the Promotion Policy, 2021 has been carefully examined by the Government and after due consideration, it has been decided to modify the said Policy as follows:-

               i) All promotions allowed as per the Promotion Policy, 2021 shall be treated as regular promotion with effect from the date of ad-hoc promotion for the purpose of extending all service and retiral benefits as per respective extant rules. Also, the benefits of fixation/protection of pay, allowances, etc. after such treatment, shall be provided to an employee entitled otherwise, subject to the outcome of SLP© No. 19765-19767 of 2015 pending before the Hon'ble Apex Court.

               ii) All pensionary benefits, including leave encashment, shall also be extended to employees on the last pay of the post from which they have retired/will retire from service on superannuation or otherwise, after availing ad-hoc promotion subject to the outcome of the SLP© No. 19765-19767 of 2015 pending before the Hon'ble Apex Court. Also, if any employee dies after availing ad-hoc promotion as per the Promotion Policy, 2021, his/her legal heirs shall also be entitled to pensionary benefits, including leave encashment etc. as permissible, subject to the outcome of SLP© No. 19765-19767 of 2015 pending before the Hon'ble Apex Court. All Departments and Heads of Departments are therefore, requested to take action accordingly.”

11. In view of this change in the policy which came into effect on 01.12.2025, the basis of the judgment of the learned Single Judge no longer survives because all promotions allowed as per the Promotion Policy, 2021 would be treated as regular promotion with effect from the date of such ad-hoc promotion for the purpose of extending all service and retiral benefits as per the respective extant rules.

12. Consequently, the promotion of the 5th respondent to the Grade-II post made on 31.12.2021 has to be treated as regular promotion to the said Grade-II post with effect from the said date itself.

13. Therefore, on the date of notification dt. 11.02.2022 issued for filling up the post of Basic Teacher in the discipline of General Surgery, the 5th respondent does not have eligibility for being absorbed in the Basic Teacher post since he was holding Grade-II post from 31.12.2021.

14. The contention of the counsel for the State that the 5th respondent has now written a letter offering to give up his promotion to the Grade-II post which he was given on 31.12.2021 cannot be countenanced because, having accepted the same and having enjoyed the promotion for almost three years, at this belated stage, he cannot be allowed to give up the said promotion.

15. Consequently, the only eligible person for the post of Basic Teacher in Scheduled Tribe category is the appellant. Therefore, the appeal is allowed; the judgment of learned Single Judge is set aside; and the respondents No.1 to 4 are directed to absorb the appellant in the Scheduled Tribe vacant post of Basic Teacher within 2(two) weeks.

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