BALAI CH. DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) All these writ petitions being WP(C)No.34 of 2018 [Balai Ch. Das v. State of Tripura & Others], WP(C)No.35 of 2018 [Goutam Deb v. State of Tripura & Others], WP(C)No.36 of 2018 [Liton Saha v. State of Tripura & Others], WP(C)No.37 of 2018 [Debabrata Roy v. State of Tripura & Others], WP(C)No.38 of 2018 [Lalfamkima Darlong v. State of Tripura & Others], WP(C)No.39 of 2018 [Subir Bhowmik v. State of Tripura & Others], WP(C)No.40 of 2018 [Ranjit Deb v. State of Tripura & Others], WP(C)No.41 of 2018 [Sanjib Chakraborty v. State of Tripura & Others], WP(C)No.42 of 2018 [Gopal Rudra Paul v. State of Tripura & Others], WP(C)No.43 of 2018 [Abhijit Kr. Ghosh v. State of Tripura & Others], WP(C)No.44 of 2018 [Amit Chakraborty v. State of Tripura & Others], WP(C)No.45 of 2018 [Ray Kamaljit Chakraborty v. State of Tripura & Others], WP(C)No.46 of 2018 [Roben Zaithangvel Darlong v. State of Tripura & Others], WP(C)No.610 of 2018 [Narul Islam and Others v. State of Tripura & Others], WP(C)No.622 of 2018 [Biplab Shil and Others v. State of Tripura & Others], WP(C)No.623 of 2018 [Partha Das and Others v. State of Tripura & Others], WP(C)No.624 of 2018 [Prabir Datta and Others v. State of Tripura & Others], WP(C)No.625 of 2018 [Santosh Das and Others v. State of Tripura & Others], WP(C)No.626 of 2018 [Ajoy Chakraborty and Others v. State of Tripura & Others], WP(C)No.627 of 2018 [Raju Saha and Others v. State of Tripura & Others], WP(C)No.628 of 2018 [Pranay Saha and Others v. State of Tripura & Others], and WP(C)No.1453 of 2019 [Samir Saha and Others v. State of Tripura & Others] are clustered for disposal by a common judgment and order inasmuch as the reliefs as prayed in this writ petition are common in the identical perspective-facts.

(2.) There is no dispute that the petitioners were appointed as the Auditor under Directorate of Audit pursuant to the notice for employment dated 25.02.2010 [Annexure-1 to the writ petition being WP(C)No.34 of 2018]. At the relevant point of time, the essential educational qualification for direct recruitment to the post of Auditor borne in Group-C [non-gazetted] in the scale of pay of Rs.5,310- 24,000/-(pay band-2) with grade pay of Rs.2,100/-, was Commerce graduate of a recognized university. The cadre strength as reflected in the recruitment rules is 200. It appears from the notice for employment dated 25.02.2010 that the said recruitment was for all 200 posts, distributed in various categories as per the reservation policy. By the order dated 03.08.2012 [Annexure-3 to the writ petition being WP(C)No.34 of 2018] the petitioners were appointed in the post of Auditor. Initially, they were appointed on fixed pay basis in the monthly pay of Rs.7,058/- in the scale of pay of Rs.5,310-24,000/- as per terms and conditions mentioned in the offer of appointment issued under the memorandum No.F.2(71)/AUD-DR/ESSTT/2010 dated 19.06.2012. On completion of five years service on fixed pay basis by the memorandum under No.F.2(71)/AUD-DR/ESSTT/2010/PART/ 3510-4010 dated 20.09.2017, the petitioners were given the regular pay scale i.e.Rs.5,700-24,000/- with grade pay of Rs.2,800/- and scale-1 of level-9 as per schedule-1 of Tripura State Pay Matrix, 2017. But the date of regularization may be different on considering the date of joining but this aspect is not material in the present controversy, inasmuch as by the memorandum dated 20.09.2017, all the petitioners were given the regular pay scale [Annexure-4 to the writ petition being WP(C)No.34 of 2018].

(3.) A group of auditors were appointed pursuant to the employment advertisement dated 16.09.2002 [Annexure-5 to the writ petition being WP(C)No.34 of 2018] on fixed pay basis at monthly pay of Rs.2,730/-. In terms of the employment advertisement dated 16.09.2002, the basic educational qualification required for selection in the said post of auditor was M.Com./B.Com Honours from any recognized university. The difference in the qualification is noted. From the said selection process, 20 auditors were appointed. By the notification No.F.2(43)/AUD-DIR/ESTT/2006 dated 31.12.2007, Tripura Audit and Account Service Rules, 2007 was published creating a separate cadre service named Tripura Audit and Accounts Service providing the authorized permanent strength of the service, method of recruitment, determination of seniority, promotion and other service conditions. The total strength of the various grades of Tripura Audit and Account Service is shown in the table below: