DEBASIS BISWAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) These petitions arise in common background and would be disposed of by this common judgment. For convenience, we may record facts from WP(C) No.665 of 2017.

(2.) Petitioners have challenged vires of amendment of Rule 10 of Revision of Pay Rules, 2009 by virtue of 15th Amendment Rule of 2016. All the petitioners are employees of Government of Tripura and enjoying pay fixations in Pay Bands-3, 2, 1 etc. Government of Tripura revises the salaries and pay structure of the employees periodically under Revision of Pay Rules. These pay rules have career advancement or career progression schemes under which an employee who stagnates in a cadre without promotion for a requisite number of years of service, gets a pay or scale upgradation. Under Revision of Pay Rules, 1999 such career advancement scheme was made. ROP, 1999 were substituted by ROP, 2009 and were brought into effect from 1.1.2006. Rule 10 of ROP 2009 contained an Assured Career Progression Scheme which would be implemented w.e.f. 01.01.2006. This would be in substitution of the previous career advancement scheme contained in ROP, 1999. As per sub-rule (1) of Rule 10 of ROP, 2009 all the Government employees in Pay Band-1, 2 and 3 will be entitled to maximum three financial upgradations, first after 10 years of service, second after 7 years and third after 8 years of service provided the concerned employee has not got three numbers of benefits of scale upgradation including promotion. With respect to Pay Band-4 this rule provided that the employees would be entitled to 3, 2 and 1 financial upgradations respectively under scheme provided the concerned employee had not got scale upgradation including promotion up to respective scales already. This rule was amended by Tripura State Civil Services (Revised Pay) (5th Amendment) Rules, 2016 published under notification dated 30.06.2016 but brought into effect from 01.01.2006. As per this amendment under sub rule (1) of Rule 10 in case of employees who had been appointed directly in pre-revised scale of Rs.7,800-15,100/- under the cadre service, the first financial upgradation will be available on completion of 4 years of continuous and satisfactory service in the grade or post. According to the petitioners, this amendment has brought about an anomaly and, therefore, the rule is arbitrary and discriminatory. Learned advocates for the petitioners pointed out that under ROP, 1999 Rule 10 as it existed, all the employees would get benefit of ACP upon completion of 10 years, 7 years and 8 years respectively of service without promotion. For direct entrant to cadres carrying pay in Pay Band-4, this period has been brought down to 4 years for the first ACP benefit. As against these employees, the other employees like the petitioners have to wait for 10 years before the benefit of first ACP is granted. According to them, there is no basis for making this distinction between two classes of employees who are otherwise similarly situated.

(3.) The respondents have appeared and filed affidavits and opposed the petitions. It is pointed out that under Rule 10 of ROP, 2009 there was no clarity as to after what period of stagnation an employee in Pay Band-4 would get the benefit of ACP. Under ROP, 1999 such period was 4 years. By amendment thus this position has been clarified. The administration did not find it necessary to modify this requirement which was already existing in the previous pay rules.