HIRAK SARKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By means of filing this writ petition, the petitioners have prayed for the following reliefs:

(2.) The facts in brief, are that, some of the petitioners were appointed in the year 2003 and 2008 as Fishery Officers under the State respondents with the scale of pay of Rs. 6500-12300/-. With the introduction of ROP Rules, 2009, this pay scale was revised to Rs. 9570-30000/- with grade pay of Rs. 3500 (PB-3). While the petitioners had been serving the State respondents as Fishery Officers, the State respondents had introduced Tripura Fisheries Service Rules, 2012 (for short TFS Rules). The clause relevant to decide the instant writ petition may be reproduced hereunder, for convenience in extenso:-

(3.) It is the contention of the petitioners that from the aforesaid clause, ex facie, it is revealed that the petitioners shall hold the same post of Fishery Officers in the same pay scale which they were enjoying prior to introduction of TFS Rules, 2012. Next contention of the petitioners are that, since they entered into the service on different dates between the period from 2003-2008, the petitioners shall be entitled to ACP-1 after completion of ten years of their service without promotion to the next higher post or grade. There is no dispute that all the petitioners by this time had completed ten years of service without promotion from the date of their entry into the service. The benefit of ACP-1 was not granted to them let the petitioners to file the instant writ petition to extend the benefit of ACP-1, since they have completed ten years of service without promotion.