Court Directs State to Reassess Female Jailor's Promotion, Citing Violations of Natural Justice
In a landmark judgment, the Tripura High Court, presided over by Justice Biswajit Palit, has directed the State of Tripura to reconsider the promotion of Smti. Bela Datta, a female Jailor, to the position of Deputy Superintendent. This decision comes after the court found that the denial of promotion was based on gender discrimination, which is contrary to the principles of natural justice and the existing recruitment rules.
Smti. Bela Datta, who joined the service as a Female Sub-Jailor in 1997 and later promoted to Jailor in 2018, filed a writ petition challenging the State's decision to deny her promotion to Deputy Superintendent. Despite meeting all eligibility criteria, her promotion was withheld, allegedly due to her gender. The court quashed the communication dated 01.05.2025 from the Inspector General of Prisons, which denied her promotion, and emphasized that such discrimination is impermissible under the law.
The petitioner's counsel, Ms. Rajasree Purkayastha, argued that the recruitment rules do not differentiate based on gender for promotions. She highlighted that another employee, Prasenjit Das, was promoted to the same post, further showcasing the discriminatory treatment towards Datta. The court was convinced that the recruitment rules are silent on gender-based restrictions, and hence, the denial of promotion was unjustified.
Referencing the Supreme Court's judgment in the case of Secretary, Ministry of Defence vs. Babita Puniya & Ors., the court underscored the need to eradicate gender stereotypes and ensure equality in professional opportunities. The judgment reinforced that assumptions about gender roles should not impede equal employment opportunities.
The court directed the respondents to reconsider Bela Datta's promotion within three months if she meets all eligibility criteria. The judgment is a significant step towards ensuring gender equality and adherence to the principles of natural justice in service law.
Bottom line:-
Promotion cannot be denied on the basis of gender discrimination if the recruitment rules do not provide any specific gender-based restriction.
Statutory provision(s):
- Principles of Natural Justice
- Tripura Sansodhanagar Rules, 2021
- Recruitment Rules for Jailor and Deputy Superintendent posts
Smti. Bela Datta v. State of Tripura, (Tripura) : Law Finder Doc id # 2933906
