SHIPRA DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) All these writ petitions being W.P.(C) No.1449 of 2019 [Smt. Shipra Debnath and others v. State of Tripura and others], W.P.(C) No.1450 of 2019 [Smt. Mili Debnath and another v. State of Tripura and others] and W.P.(C) No.1450 of 2019 [Sri Manoranjan Deb v. State of Tripura and others] are consolidated for disposal by common judgment inasmuch as in the similar perspective-fact, the petitioners have prayed for identical reliefs viz. quashing of the decision contained in the letter No.F.6(74)/4/PWD(E)/09(S) dated 07.05.2013 [Anexure-6 to the writ petitions being W.P.(C) 1449 of 2019 and W.P.(C) No.1450 of 2019 and Annexure-4 to the writ petition being W.P.(C) No.1451 of 2019] and for directing the respondents to release 3rd ACP to the petitioner and to the deceased employees, namely Priyalal Debnath and Jadav Kumar Debnath represented by the petitioners of W.P.(C) No.1449 of 2019 and W.P.(C) No.1450 of 2019 on completion of 25 years of the service. That apart, the petitioners have stated that the controversy raised in these petitions is squarely covered by a decision of this court in Dilip Kumar Guha v. State of Tripura and Ors. [the common judgment and order dated 03.05.2016 delivered in W.P.(C) No.386 of 2016 and other writ petitions]. It is also to be noted that the said judgment and order dated 03.05.2016 was challenged in the writ appeal being W.A. No.78 of 2016 [The State of Tripura and Ors. v. Dilip Kumar Guha], but that has been affirmed by a Division Bench of this court by the judgment and order dated 17.07.2019.

(2.) Priyalal Debnath since deceased and represented by the petitioners of W.P.(C) No.1449 of 2019 was initially appointed as the Helper in the scale of pay of Rs.370-650/- under the Tripura Government Services [Revised Pay] Rules, 1982. For introduction of Tripura State Civil Services [Revised Pay] Rules, 1988 [in short, the ROP Rules]. Priyalal Debnath was entitled to get the Graded Pay Scale No.28 in the re-designated post of Jr. Electrician. Thus, he was moved to the scale of pay of Rs.970-2400/- w.e.f. 01.01.1986. Priyalal Debnath was entitled to move to the next graded scale on completion of 10 years of service. Therefore, Priyalal Debnath was granted the next higher graded scale of Rs.1250-2890/- in the re-designated post of the Electrician. The said pay scales were again revised by the Tripura State Civil Services [Revised Pay] Rules, 1999. The scale of pay of Rs.1250-2890/- was revised to Rs.4000- 7890/-. On completion of 17 years of service, in terms of Rule 10 of Tripura State Civil Services [Revised Pay] Rules, 1999, Priyalal Debnath was moved to the next higher scale of pay of Rs.4200-8650/- on 21.09.2004 for his stagnation in the same post. While moving to the graded scale of pay of Rs.1250-2890/- corresponding revised scale of pay of Rs.4000-7890/- Priyalal Debnath had overtaken the scale of pay of Rs.1020-2620/- corresponding to the revised scale of pay of Rs.3300-7100/- as per ROP Rules, 1999. Thus, he had consumed, according to the respondents, 3[three] scale upgradation in the career. As per Rule 10(2) of the ROP Rules, 2009 each scale upgradation availed by an employee after his direct entry into the post of a department shall be treated as consumption of one Assured Career Progression [ACP, in short]. The said Rule 10(2) of ROP Rules, 2009 came into force w.e.f. 01.01.2006. Priyalal Debnath had completed 25 years of service as on 21.09.2012. But his demand for releasing 3rd ACP was not acceded to. According to the respondents, such claim was not justified.

(3.) The respondents by the letter dated 07.05.2013 [Annexure-6 to the writ petition being W.P.(C) No.1449 of 2019] had communicated that Priyalal Debnath was not entitled to get 3rd ACP because he had consumed 3[three] scale upliftments in view of the clarification given at point No.10 of the Finance Department's Memorandum No.F.6(1)FIN(PC)/08 dated 14.09.09 followed by the decision of the Finance Department vide U.O. No.189/FIN(PC)/13 dated 12.04.2013.