AGARTALA, Sep 24 (TIWN):AGARTALA, Sept 23 (TIWN): Govt. of Tripura now is in trouble after relying upon the words of former Law secretary DM Jamatia’s words. Due to Jamatia’s manipulating role over legal decisions of HC, all the promotions are muffled in Tripura. Allegations are coming that former Law secretary DM Jamatia had violated not only the rules, but he also violated the statement of Tripura High Court when he was giving his statement to Tripura govt. Although challenging the High Court, Govt. of Tripura had appealed in the Supreme Court, but govt. failed to fill the vacant posts since the promotions of govt. employees were also stopped. D M Jamatia’s statement against the High Court decision created much confusion among the public regarding reservation policy declared by HC. However, govt.’s efforts to save its corrupt officers led D M Jamatia to write the statement as per his wish. According to the hearing of Tripura HC, it was written in (Page 50, Pargaraph 71) that “if a person is recruited on the basis of general merit list then also s/he will be able to enjoy then reservation in future if s/he doesn’t surrender the certificate”. But while explaining High Courts decision to govt. DM Jamatia wrote, “If any person recruited as SC & ST, in future they will not be promoted on the basis of their SC-ST criteria”.

Based on D M Jamatia’s statement, state govt. took this matter to Supreme Court, however Supreme court also said, that govt. can promote a person on the basis of reservation, but this can only done according to the demand of the situation and govt. has to give enough proof and logistical data for this. 

However, it’s to be mentioned that relying upon DM Jamatia’s statement, Tripura Govt. has stepped into own trap by going to the Supreme Court. 
However, presently there are many cases pending at Supreme Court regarding reservation and promotion and the worry for state govt. is that the matter of reservation appealed to the Supreme Court, when various issues in whole India regarding reservation is going on. 
But, this is not only affecting the promotion of the employees but due to this obsolete situation new recruitments are also stopped, and this has become a matter of worry for the youth of state Tripura.
On the other hand Tripura HC Judge on November 2014, also drawn the example of the case of M Nagraj, who was fighting with India govt.  at Supreme Court. Another example of UP’s chief secretary who had to announce that after 1997, the promotions which had been done, all  the persons will have to go back their earlier position.
High Court earlier announced that any govt. has to maintain the codes and conducts while promoting a person, which Tripura Govt. didn’t do. 
It’s to be mentioned that Tripura High Court on November 2014 declared that the claims against Tripura govt. had brought were valid enough.

In the judgment it was written that “The petitioners who belong to the general category claim that they have been deprived of the right to equality as the State has granted promotions to the reserved category candidates in total violation of the law laid down by the Apex Court in M. Nagaraj and others vs. Union of India and others”.  “The Act and rules framed by the State are unconstitutional and illegal as they violate the law laid down by the WP(C) 189 of 2011; WP(C) 109 of 2011; WP(C) 124 of 2012. Page 7 of 78 7 Apex Court.

It is also submitted that the State without collecting or considering the relevant and requisite quantifiable data, cadre-wise as required by law has granted reservation in promotion to the reserved categories”.
Hence it is to be mentioned here that HC on its hearing also said that state govt had followed none of the codes and conducts of the promotion act had been maintained by govt. while promoting the officers. It was also declared that reservation post will not be longer if in any case it is found that s/he has been promoted without proper way of promotion. But what DM Jamatia explained and what HC declared, there is a difference between them.