LAWS(TRIP)-2021-3-69

STATE OF TRIPURA Vs. ANIL SUTRADHAR

Decided On March 04, 2021
STATE OF TRIPURA Appellant
V/S
Anil Sutradhar Respondents

JUDGEMENT

(1.) Heard Mr. D. Sarma, learned Additional Govt. Advocate appearing for the appellants as well as Mr. P. K. Pal, learned counsel appearing for the sole respondent.

(2.) By means of this intra-court appeal, judgment and order dated 29.06.2020 delivered in WP(C) No.1208/2017 by the learned Single Judge has been challenged. Mr. Sarma, learned Additional Govt. Advocate to question the legality of the said judgment has raised two fundamental objections viz:

(3.) For purpose of appreciating the appeal, particularly the objection as raised in the appeal, it is required that the relevant facts be introduced briefly at the outset. The respondent by filing the said writ petition challenged the action of the appellants for denying him the benefit of 3rd ACP (Assured Career Progression) in terms of the Revision of Pay Rules, 2009. According to the petitioner (the respondent herein) in view of Rule 10(1) of the ROP Rules, 2009 he was entitled to the 3rd ACP for completion of 25 years of service. The undisputed fact is that the petitioner got recruited as Carpenter on 25.09.1987 in the scale of pay of Rs.400-775/- under the Public Works Department (PWD). In terms of the ROP Rules, 1988, the said post of Carpenter was redesignated as the Jr. Carpenter in the same pay scale which was revised by the said ROP Rule, 1988 to Rs.970- 2400/-. The said revision had taken place under Graded Scale No.28 of the ROP Rules. A reference may be made to the Part-B Entry No.19 where the post of Carpenter has been positioned. It shows that the pay scale would be revised in terms of the Graded Scale No.28. The Graded Scale No.28 provides as follows: