BINA DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Petitioner is a retired Government servant. She disputes her pay fixation while she was in service. This would obviously have an impact on her pension. She has, therefore, filed this petition seeking correction in the pay fixation with consequential effect.

(2.) Brief facts are as under: Petitioner joined as an Assistant Nurse in the Health and Family Welfare Department of the Government of Tripura on 23.04.1973. She was promoted to the post of Staff Nurse on 10.08.1983. Upon implementation of Tripura State Civil Services (Revised Pay) Rules, 1988 (ROP 1988, for short), the petitioner's pay had to be refixed in the revised scale on the post of Staff Nurse which she held at that time. According to the petitioner, while carrying out such pay fixation her pay as on 10.08.1983 on the promotional post of Staff Nurse should have been fixed at Rs.810/- instead of Rs.740/- which was done by the department. On account of such erroneous pay fixation, according to the petitioner, she has been granted less pay and allowances right up to her retirement on 30.06.2009 and thereafter she has also been paid pension less than her entitlement. In this context, the petitioner placed heavy reliance on Rule 7(1)(A)(1)(b)(i) and (ii) of ROP, 1988.

(3.) On the other hand, the Government of Tripura as well as the Accountant General have filed replies opposing the petition. They contend that petitioner's pay fixation was done from time to time perfectly in accordance with rules and regulations. The petitioner has not cited any reason for claiming pay anomaly. It is also contended that the petition suffers from gross delay and laches.