LAWS(TRIP)-2021-1-4

STATE OF TRIPURA Vs. SUTAPA MAJUMDER

Decided On January 04, 2021
STATE OF TRIPURA Appellant
V/S
Sutapa Majumder Respondents

JUDGEMENT

(1.) These proceedings are interconnected and intertwined. All the Writ Appeals arise out of the judgment of the learned Single Judge dtd. 15/12/2016 in W.P. (C) No.144 of 2014 and connected petitions. The central issue decided by the learned Single Judge in favour of the petitioners which has aggrieved the State Government to file these Appeals, pertains to the correct pay scales to be granted to Pharmacists employed in the State service after 4/2/1991. According to the Government, these Pharmacists ought to have been placed in the pay scale of Rs.1300.00 3220/- under Revision of Pay Rules, 1988 ("ROP, 1988", for short) whereas the original petitioners had argued before the learned Single Judge that they ought to have been granted the pay scale of Rs.1450.00 3710/-. The writ petitioners of the petitions, which are part of the present group of cases, are also Pharmacists engaged after 4/2/1991. They also claim similar fitment in the pay scale of Rs.1450.00 3710/- from their initial engagement.

(2.) This short issue has a long history. We would record the background facts as briefly as possible without omitting any essential element. Such facts are as under:

(3.) This created confusion since there was no clear prescription of revised pay scale for Diploma holder Pharmacists after ROP, 1988 were amended. The petitioners would point out that under ROP, 1988, the scale of pay of Rs.430.00 850/- which was the pre-revised scale assigned to non- Diploma holder Pharmacists was revised to Rs.1300.00 3220/-. Likewise, pre-revised scale of Rs.560.00 1300/- which was the scale of pay of Diploma holder Pharmacists, in general terms was revised to Rs.1450.00 3710/-. According to them, therefore, such Diploma holder Pharmacists, who were engaged prior to 4/2/1991, had to be placed in the scale of pay of Rs.1450.00 3710/-.