STATE OF TRIPURA Vs. TARUN KUMAR BHATTA

JUDGEMENT

(1.) These appeals arise out of a common judgment of the learned Single Judge dated 31.10.2019 passed in WP(C) No.1170 of 2018 and connected petitions. Appeals are filed by the State. The respondents-original petitioners had filed the above mentioned petitions praying for grant of pay scale of Rs.1450-3710/- corresponding to revised scale of Rs.5000-10,300/- upon completion of 10 years of service in the grade of Radio Technician (ASI)/Wireless Operator (ASI). Their further prayers were for being placed in pay scale of Rs.1700-3980/- corresponding to revised scale of Rs.7450-13,000/- upon completion of total of 17 years of service and thereafter for grant of pay scale of Rs.2100-5000/- corresponding to revised scale of Rs.10,000-15,100/- upon completion of 25 years of service. Individual facts differ; however, these differences are inconsequential so far as the issues involved in these appeals are concerned. We may, therefore, record facts from WP(C) No.1170 of 2018 filed by Sri Tarun Kumar Bhatta and others. These petitioners were appointed as Wireless Operators (ASI) or Radio Technicians (ASI) on or around 09.04.1990. They were governed by the Revised Pay Rules, 1988 (ROP, for short) implemented w.e.f. 01.01.1986. Under ROP, 1988 the scales of pay revised for various posts such as, Inspector of Police, Supervisor (SI) and Radio Technician (ASI) and Wireless Operator (ASI) with pre-revised and modified scales were as under:

(2.) The Government of Tripura issued office memorandums dated 07.11.1992 and 21.09.1995 enhancing the pay scale for Supervisor (SI) from Rs.1300-3220/- to Rs.1450-3710/- w.e.f. 01.11.1992. Some of the Supervisors aggrieved by not revising the then existing scale to Rs.1450- 3710/- from 01.01.1986, filed civil suits. These civil suits were dismissed by the trial Court. Their First Appeals were allowed upon which the State of Tripura filed Regular Second Appeal No.44 of 2003 in case of The State of Tripura and others v. Sri Tarun Chandra Dey and others, and connected appeals before the Gauhati High Court. These appeals were disposed of by a common judgment dated 10.01.2006 by the learned Single Judge. The judgment of the appellate Court was confirmed. The State appeals were dismissed. The High Court noted that the plaintiffs were already given the pay scales of Rs.1700-3980/- from 01.11.1992 which was the pre-revised scale of Inspector of Police which was granted to them upon completion of 10 years of service without promotion by way of the benefit of Career Advancement Scheme under ROP, 1999. The State thereupon approached the Supreme Court but the SLP was dismissed. The situation, therefore, that emerged was that by virtue of the office memoranda dated 07.11.1992 and 21.09.1995 and by virtue of the judgment of the Gauhati High Court in case of Tarun Chandra Dey (supra) the scale of pay for the post of Supervisor (SI) stood revised to Rs.1450-3710/- w.e.f. 01.01.1986.

(3.) The Government of Tripura promulgated Revised Pay Rules, 1999 (ROP, 1999 for short) giving effect from 01.01.1996. Under these rules, for Supervisors the scale of pay was revised from Rs.1450-3710/- to Rs.5000-10,300/-. In case of Assistant Sub-Inspector of Police to which cadre the petitioners belong their scale of Rs.1300-3220/- granted upon completion of 10 years of service, was revised to Rs.4200-8650/-. Accordingly, under order dated 01.11.2001 all the petitioners were granted the benefit of higher pay scale of Rs.4200-8650/- and their pay was accordingly fixed at an appropriate stage. Subsequently, the petitioners were granted benefit of CAS-II upon completion of further 7 years of service after granting benefit of CAS-I. Accordingly, under orders dated 04.11.2008 and 06.11.2008, their pay was fixed at corresponding stages in the higher pay scale of Rs.5000-10,300/- from the existing pay scale of Rs.4200-8650/-.