BIDYUT KUMAR DEB Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This intra-court appeal is directed against the judgment of the learned Single Judge dated 10.07.2020 delivered in W.P.(C) No.1303 of 2017 titled as Bidyut Kumar Deb v. State of Tripura and another.

(2.) The appellant filed the writ petition challenging the memorandum dated 17.07.2017 Annexure-7 to the writ petition whereby the stepping up of pay as provided by the memorandum under No.F.1(171)/STAT/ESTT/99/4693-4694 dated 18.08.2015 has been recalled by observing as follows:

(3.) The writ petition, challenging the directions in the memorandum dated 17.07.2017, was structured on the provision of Tripura State Civil Services Revised Pay Rules, 2009. Rule 14(6) is relevant and that has been relied by the petitioner in order to advance his challenge. The said rule provides for stepping up of pay. It has been provided under Rule 14(6) of ROP Rules, 2009 that 'where pay of a junior become higher than that of his senior as result of providing the benefit of promotion followed by CAS-2 under TSCS (Revised Pay) Rules,1999 in comparison with his senior who was provided benefit of CAS-1 followed by promotion as per example cited below, the pay scale of the senior shall be stepped up to the higher pay scale provided to his junior from the same date junior got the higher pay.' The example as cited below of that rule is as under: