KALYANI SAHA (NAHA) Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The petitioner has prayed for a direction to step up her pay to the level of the respondent No.4 from the date pay anomaly had arisen.

(2.) Brief facts are as under:

(3.) As per the Government policy and the relevant Rules, the petitioner as well as the respondent No.4 have been granted the benefits of Career Advancement Scheme ('CAS', for short)/Assured Career Progression ('ACP', for short) from time to time. The petitioner as well as respondent No.4 were both granted the benefit of ACP after completion of 10 years of the respective services. The petitioner and respondent No.4 both received benefits of ACP II on completion of a further period of 7 years without promotion. If no further promotion is granted, the employee would be entitled to the benefit of 3rd ACP. In case of the petitioner, however, she was promoted to the post of Multipurpose Supervisor on 04.02.2011, before the period of 8 years after grant of ACP II was over. In view of such promotion, the petitioner was not entitled to 3rd ACP. On the other hand, the respondent No.4 did not receive promotion before completion of period of 8 years and she was therefore granted the benefit of 3rd ACP upon completion of total service of 25 years. The petitioner would point out that on account of this, the basic pay of the respondent No.4 upon grant of ACP III, was fixed at Rs.19,930/- whereas at the same stage, basic pay of the petitioner was Rs.18,450/-. According to the petitioner, since the junior is drawing more pay than her, this is a case for removal of anomaly by stepping up of pay. It is in this context, the petitioner has prayed for above noted directions.