MATILAL DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Ms. R. Guha, learned counsel appearing for the petitioner as well as Mr. S. Chakraborty, learned Addl. GA appearing for the respondents.

(2.) THE grievance of the petitioner is that he was appointed as the Grade -III driver by the order dated 02.08.1989, Annexure -2 to the writ petition, but the benefit of the pay scale in terms of the Tripura State Civil Services (Revised Pay) (17th Amendment) Rules, 2007 entitled to the drivers in the Tripura Government Driver Services was not extended to him illegally. Further that an order of recovery was made on 08.10.2007 as for sometime he was granted the pay scale attached to the driver in the said cadre service. The said order of recovery dated 08.10.2007, Annexure -8 to the writ petition, has been challenged in the writ petition. By the order dated 06.11.2007 whereby the petitioner was given the career advancement (CAS -2) in the pay scale of Rs.3300 -7100/ - as the petitioner had completed seven years of service satisfactorily without any promotion. According to the petitioner, he ought to have been given the scale of Rs.4000 -7890/ - on completion of seven years of service as provided by the said Amendment Rules, 2007.

(3.) MS . Guha, learned counsel for the petitioner has strenuously argued that from the order dated 02.08.1989 and 05.09.1990, Annexures -2 & 3 to the writ petition respectively, it would be apparent that the petitioner was appointed as the Grade - III driver. The Grade -III driver is only available in the Tripura Government Vehicles Drivers Services, as such his appointment has to be deemed as made in the said cadre service. Thus, the impugned orders are bound to fall through and the petitioner would garner much more pecuniary benefits as after completion of seven years of satisfactory service he has to be moved to the pay scale of Rs.4000 -7890/ - meant for the Grade -II drivers in the said cadre service.