KINKAR ROY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. A. Bhowmik, learned counsel appearing for the petitioner as well as Mr. D. Sharma, learned Addl.GA appearing for the respondents.

(2.) All these writ petitions being WP(C) 47 of 2018 (Kinkar Roy v. The State of Tripura & Ors), WP(C) 48 of 2018, (Smti Gopa Das v. The State of Tripura & Ors), WP(C) 49 of 2018 (Subrata Bhowmik v. The State of Tripura & Ors), WP(C) 50 of 2018 (Smti. Swapna Deb (Choudhury) v. The State of Tripura & Ors), WP(C) 51 of 2018 (Smt Anita Roy v. The State of Tripura & Ors), WP(C) 52 of 2018 (Satyabrata Chatterjee v. The State of Tripura & Ors), WP(C) 53 of 2018 (Raja Dasgupta v. The State of Tripura & Ors), WP(C) 54 of 2018 (Ratan Kanti Nandi v. The State of Tripura & Ors), WP(C) 55 of 2018 (Haripada Sarkar v. The State of Tripura & Ors), WP(C) 56 of 2018 (Subrata Roy v. The State of Tripura & Ors), WP(C) 57 of 2018 (Bhanu Ch. Das v. The State of Tripura & Ors), WP(C) 58 of 2018 (Shaktipada Sengupta v. The State of Tripura & Ors), WP(C) 59 of 2018 (Jiban Bhowmik v. The State of Tripura & Ors), WP(C) 60 of 2018 (Dipak Saha v. The State of Tripura & Ors), WP(C) 61 of 2018 (Sushil Debbarma v. The State of Tripura & Ors), WP(C) 62 of 2018 (Smti. Chabi Kanya Koloi v. The State of Tripura & Ors), WP(C) 63 of 2018 (Sankar Chandra Debnath v. The State of Tripura & Ors), WP(C) 64 of 2018 (Pijush Kanti Ghosh v. The State of Tripura & Ors), WP(C) 65 of 2018, (Pradip Kr. Deb v. The State of Tripura & Ors) WP(C) 66 of 2018, (Smti. Sebika Dey v. The State of Tripura & Ors), WP(C) 67 of 2018, (Haridhan Das v. The State of Tripura & Ors), WP(C) 68 of 2018 (Smti. Suniti Rani Sarkar v. The State of Tripura & Ors), WP(C) 69 of 2018 (Sri. Sandip Dey v. The State of Tripura & Ors), WP(C) 70 of 2018 (Sri. Amaresh Sarkar v. The State of Tripura & Ors), WP(C) 71 of 2018 (Smti. Sikha Rani Sarkar v. The State of Tripura & Ors), WP(C) 72 of 2018 (Smt Babli Ghosh v. The State of Tripura & Ors), WP(C) 73 of 2018 (Smti. Sephali Das v. The State of Tripura & Ors), WP(C) 74 of 2018 (Sanjoy Laskar v. The State of Tripura & Ors), WP(C) 75 of 2018 (Sajal Roy Karmakar v. The State of Tripura & Ors), WP(C) 76 of 2018, (Dilip Kr. Deb v. The State of Tripura & Ors), WP(C) 77 of 2018 (Smt Mina Debnath v. The State of Tripura & Ors), WP(C) 78 of 2018 (Subrata Bhowmik v. The State of Tripura & Ors), WP(C) 79 of 2018 (Sri. Sushil Ch. Roy v. The State of Tripura & Ors), WP(C) 80 of 2018 (Sri. Prabir Dhar Choudhury v. The State of Tripura & Ors), WP(C) 81 of 2018 (Sri. Manik Acherjee v. The State of Tripura & Ors), WP(C) 82 of 2018 (Tapan Saha v. The State of Tripura & Ors), WP(C) 83 of 2018 (Sri Ajoy Deb v. The State of Tripura & Ors), WP(C) 324 of 2018 (Bimal Kumar Bhattacherjee and Ors v. The State of Tripura & Ors), WP(C) 335 of 2018 (Smt. Anindita Nag v. The State of Tripura & Ors), WP(C) 386 of 2018 (Samir Ghosh v. The State of Tripura & Ors) are combined for disposal by a common judgment as the controversy raised therein are fully covered by a decision of this court in Dibakar Chakraborty v. State of Tripura and Others [judgment dated 03.03.2021 delivered in WP(C) 1701 of 2017]. The petitioners by means of these writ petitions have challenged the memorandum dated 16.01.2012 and the Note No.6 dated 20.01.2012 Even they have challenged the memorandum dated 30.11.2017. That apart, the petitioners have urged this court for directing the respondents to grant them the financial benefit in terms of the clarification at point No.3 of the memorandum dated 14.09.2009.

(3.) The petitioner were initially appointed as the Lower- Division-Clerk [LDC] under the respondents No.3 namely, Public Works Department (PWD) and had joined service on diverse dates in the scale of pay Rs.970-2400. In their entire service career, they did not suffer any blemish. By virtue of earning increment, their basic pay turned to the equal to the basic pay of the next higher grade. Thus, when the petitioners were supposed to get financial up-gradation after ten years of service, they he did not get any financial up-gradation or financial benefit. In the year 2009, the pay scale of the petitioner got revised by operation of Tripura State Civil Services (Revised Pay) Rules, 2009. To clarify certain queries made from the various department, the Finance Department had issued a memorandum under No. F.6(1)-FIN(PC)/2008 dated 14.09.2009. For purpose of this writ petition, the point No.3 of the said clarification is relevant and hence is reproduced below: