RAJESH SHIL Vs. STATE OF TRIPURA AND ORS

JUDGEMENT

(1.) These petitions arise in common background and involve similar facts. They have been heard together and would be disposed of by this common judgment. For convenience, we may refer to facts from WP(C) No.1256 of 2019.

(2.) Petitioner was appointed as Assistant Teacher (Post Graduate) in a Grant-in-Aid School on 14.02.2007. As per the Government policy initially for a period of five years, he was granted fixed pay @ Rs.3,250/- per month. After completion of the period of five years, he was brought over to the regular scales. Under ROP 2009, he was granted the benefit of First Assured Career Progression referred to as ACP-I upon completion of 10 years of service without promotion. Accordingly, by an order dated 20.05.2017 he was granted benefit of first ACP with effect from 16.02.2017 i.e. 10 years from the date of his joining the service. Before grant of this benefit, the petitioner was drawing basic salary of Rs.34,930/- with a Grade Pay of Rs.4200/-. Upon grant of ACP-I, the basic pay of the petitioner was fixed at Rs.37,060/- with a Grade Pay of Rs.4400/-. Pursuant to the Revision of Pay Scales under Tripura State Civil Service (Revised Pay) Rules, 2018 (hereinafter to be referred to as ROP 2018) the basic pay of the petitioner was fixed at Rs.43,600/- with Grade Pay of Rs.4400/-.

(3.) The petitioner would point out that three persons, namely, Sri Prasanta Sutradhar, Smt. Purnima Chowdhury and Sri Swapan Majumder had joined as Assistant Teachers on 01.08.2007 i.e. after the date of the joining of the petitioner. These persons junior to the petitioner were drawing less pay than the petitioner till the stage the petitioner was granted the benefit of ACP-I. The case of the petitioner is that these juniors were granted the benefit of Career Progression in the month of August, 2017 upon which their basic pay was fixed at Rs.37,390/- (at which point of time the petitioner's basic pay was Rs.37,060/-) and after implementation of ROP 2018 basic pay of these juniors were fixed at Rs.45,200/- (and that of the petitioner at Rs.43,600/-).