ANIL SUTRADHAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The petitioner has challenged the action of the State authorities in not granting the benefit of 3rd Assured Carrier Progression ('ACP' for short) in terms of Revision of Pay Rules, 2009. According to the petitioner, as per the scheme framed by the Government under the same ROP, he was entitled to 3rd ACP w.e.f 25th September, 2012 in the pay scale of Rs.5,300-10-24,000/- with Grade Pay of Rs.2,100/-. The respondents having denied the said benefit this petition is filed.

(2.) Facts in brief are as under : The petitioner joined the State service on the post of Carpenter on 25th September, 1987 in the pay scale of Rs.400-775/- under the Public Works Department(PWD). Pursuant to Tripura Civil Service (Revised Pay) Rules, 1988 ('ROP, 1988' for short) w.e.f 1st January, 1986 the post in question was re-designated as Junior Carpenter and was assigned the pay scale Rs.970-2400/- under the PWD. In terms of ROP 1999, upon completion of 10(ten) years of continuous service without promotion, the petitioner was placed in the revised scale of Rs.4,000-7890/-. Upon completion of 7(seven) years of further service, the petitioner was granted the benefit of 2nd upward movement in the pay scale. He was placed in the scale of Rs.4200-8650/- w.e.f 25th September, 2004. According to the petitioner, in terms of ROP 2009, he was entitled to the benefit of 3rd ACP (the Carrier Advancement Scheme was now re-designated as Assured Carrier Progression from previously referred to as Carrier Advancement Scheme) upon completion of 25 years of service without promotion. Consequently, according to the petitioner, he ought to have been placed in the revised scale of Rs.5310-24000/- with Grade Pay of Rs.2400/- w.e.f. 25th September, 2012. The petitioner made representation and correspondence to the department. Since his request was not granted he filed this petition.

(3.) The respondents have resisted the petition. They have filed an affidavit-in-reply dated 20th December, 2017. The crux of the defence of the respondents emerging from the said affidavit-in-reply is as under :