TEJARAM KHARESHYA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The petitioner has challenged a communication, dtd. 27/8/2018, as at Annexure -11 to the petition by which his request for stepping up of pay at the level of his junior, in order to remove pay anomaly, came to be rejected.

(2.) Brief facts are as under :

(3.) On 23/8/2001, the petitioner was appointed as a Naik(Operator) and which led to the pay discrepancy between him and Dulal Chandra Das at a later point of time. As per Rule 42 of Tripura State Rifles (Recruitment) Rule, 1984 (hereinafter to be referred to as "the Recruitment Rules"), the post of Naik(GD) or Naik(Operators) shall be filled by transfer from amongst Naiks, failing which Lance Naiks, failing which Riflemen who possess the qualifications of Matriculation or equivalent and Grade III of Wireless Operator's proficiency standard. Under this Rule, the petitioner was made the Naik(Operator), however, without any financial benefits since the department considered this not as a promotion but merely a transfer, though admittedly the post of Naik(Operator) carries higher pay scale than that of Riflemen(GD).