SADHAN DATTA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Ms. S. Deb Gupta, learned counsel appearing for the petitioner as well as Mr. D. Bhattacharya, learned G.A. along with Ms. N. Chakma Saha, learned counsel appearing for the respondents.

(2.) The petitioner entered into the service as Constable (Unarmed Branch) of Police on 13.02.1981 by virtue of the letter of appointment No.948/RSV/SD/80 dated 13.02.1981 [Annexure-1 to the writ petition]. Without any promotion, he continued in the service till 21.08.2009 when he was promoted to the post of Head Constable. By the Tripura State Civil Service (Revised Pay) Rule, 1999 (ROP Rules, 1999 in short), the Government of Tripura had introduced the Career Advancement Scheme (modified) with effect from 01.01.1999 by inserting Rule 10 in the said Rules. Rule 10A of the said rules provides that the employees entering by direct recruitment in the Scale-1 as per the statement at Annexure-A i.e., Rs.775-1130/- (pre revised) or the corresponding previous scale will have 3-scale advancements at the end of 10 years, 7 and 7 years of continuous and satisfactory service in the scale-1, 2 & 3 to the scale- 2, 3 & 4 respectively, unless they get promoted to a post of higher scale. Those who are in the existing scales No.4-10 or the revised scales No.5-11 or corresponding earlier scales, there would be two scale advancements in the next higher scales as per Table in Annexure-A at the end of 10 years and 7 years of continuous and satisfactory service in the entry scale and in the next higher scale of promotion/gradation or advancement respectively as the case may be, to the higher scale unless they got promoted to the higher scale before the prescribed period.

(3.) There is no dispute that the petitioner was in the scale of pay of Rs.950-2170/- with effect from 01.01.1986 as per the revision carried out by the Tripura State Civil Services (Revised Pay) Rules, 1988 [ROP Rules 1988 in short]. The said Career Advancement Scheme (CAS) had come into effect from 01.01.1999. The petitioner had completed more than seventeen years of service, in the meantime, without any promotion. Proviso (ix) to Rule 10 of ROP Rules, 1999 has laid a few examples to be followed by the authority. For purpose of reference, the said proviso (ix) is reproduced hereunder: