AGRATALA, December 16 (TIWN): In the exceptional SC/ST promotion case the Full Bench Hearing of the Agartala High Court will resume from 17th December.This time apart from the case all eyes will be on Law Secretary Data Mohan Jamatia, especially after his note in which he had used some unconstitutional remarks (as legal experts opine)got leaked in the media. On 24th November Law Secretary Data Mohan sent a special note that was readily approved by the Chief Minister Manik Sarkar on same day sanctioning Rs 25 lakhs from the state govt's fund to 'fight ' against the High Court simply to protect D M Jamatia and his Deputy Sarbari Das against the charge of 'Contempt of Court' imposed on them by the HC. Earlier the petitioner,General Employees and Officers' Welfare Society of Tripura's lawyer Kiran Suri said in the HC," In 2006 the Supreme Court had said that a state was not bound to make reservation for SCs and STs in matters of promotions if given adequate representation in each and every department and categories of employees."

In the mean time, the state government has already allotted 80% of the promotional posts to SCs and STs and mere 20% are allotted to unreserved category, the petitioner alleged.

Quite surprisingly violating his limit as a Law Secretary D M Jamatia used the following remarks:-

1)" .... .... The Chief Justice become furious and directed to initiate contempt case against Deputy Secretary(Law) and against the undersigned but not against the Advocate General who has examined the sane issue and endorsed our views"

2)"... ...the High Court, with preconceived mood, has initiated contempt case against 2(two) of us who participated in the total process of exchange of views. The does not permit it... ..."

3) "... ...We are afraid whether the High Court will damage our service records or career. The Chief Justice is trying demoralize us so that no views can be given against any order of the High Court.... ..." 

        After this note got leaked in media all were stunned with D M Jamatia's role as a Law Secretary and the violation of  his limitation. Even inside the legal avenues it is now under discussion," To hide his inefficiency Data Mohan has used humiliating rarks against the Chief Justice and the High Court . Now its only a matter of time when the HC is likely to slam on him. Again it is now clear to all that even the Chief Minister is also interested to to protect his 'favoured' Law Secretary and as such he didn't hesitate to approve another sanction of Rs 25 lakh from state govt fund to appoint lawyers to save two guilty officials . This raised the doubt whether the state govt is willing to waste more money from govt fund( from tax payers money) to save other corrupt officials like Bimal Chakraborty, the prime accused in the Rs 50 crore MGNREGA scam in Bishalgarh R D Block." Already in the SC/ST promotion case sate govt wasted Rs 24 lakh and Deputy Secretary to the Govt of Tripura vide his MEMORANDUM NO.F.19(01)-FIN(BY)/2014 dated 07/11/2014 sanctioned the release of Rs 24 lakh from Tribal Welfare Department as Advocate fee to conduct the case WP(C)-189/2012, WP(C)-109/2011, WP(C)-124/2011 and WP(C)-126/2011 in the High Court of Tripura. F.R.Code of this release is 0788/14-15 and the Demand No/Head of Account is 19/2225-02-001-33-09-28 Professional Services. And with the further sanction of Rs 25 lakh, the total waste of govt money is Rs 49 lakh in a single case. 

       Earlier the petitioner General Employees and Officers' Welfare Society of Tripura's lawyer Kiran Suri said in the HC," In 2006 the Supreme Court had said that a state was not bound to make reservation for SCs and STs in matters of promotions if given adequate representation in each and every department and categories of employees."

According to this direction," Department and post wise quantification of reservation (31 per cent for SCs and 17 per cent for STs in case of Tripura) has to be made available before proceeding for any promotion," but Tripura did not follow it for long.

As a result, general category employees in different status of service in various departments have been deprived of promotion and the state government, in the name of reservation, is giving facilities to the SCs and STs, she pointed out.

In the mean time, the state government has already allotted 80% of the promotional posts to SCs and STs and mere 20% are allotted to unreserved category, the petitioner alleged.

      Suri told the Court, "The state government has failed to provide the department and post wise quantification of SC and ST employees and it is found that the Tripura government has crossed the reservation limit in most of the cases," 

She  further stated ," A Division Bench of Gauhati High Court, headed by Justice I A Ansari, had imposed a stay order on rule of the Reservation Rules of the state in response to a petition filed by General Officers and Welfare Society in June 2012.The written order had "Reservation Act" typed instead of "Reservation Rules" owing to which the Secretary of Law Department( read Data Mohan Jamatia) denied to implement the direction passed by the high court." 

In the mean time, the state government has already allotted 80% of the promotional posts to SCs and STs and mere 20% are allotted to unreserved category, the petitioner alleged.

Suri has also opposed any reservation in promotion when the candidates have been getting in the service with reservation benefits in admission of schools and colleges and quota in getting job while arguing the case in the court. 

Law Secretary D.M.Jamatia note to CM for approving Rs 25 Lakhs Fund. TIWN