PRANABENDU BIKASH CHAKRABORTY Vs. STATE OF TRIPURA; PRINCIPAL SECRETARY; DIRECTOR OF HEALTH & FAMILY WELFARE

JUDGEMENT

(1.) Petitioner, a science graduate and diploma in hearing language and speech, was first appointed in the Health & Family Welfare Department of the Government of Tripura as an Audiometry Technician by an order dated 30.08.1990 (Annexure- 1 to the writ petition) for a period of six months at a consolidated salary of Rs.1,000/- per month and his such appointment was extended time to time. While was in service, he was sent for training in speech and audiology and thereafter by order dated 04.10.1993 (Annexure-3 to the writ petition) his service was regularized and a regular pay scale of Rs.1300-3220/- was allowed to him w.e.f. 06.08.1993. It is an admitted position that the petitioner was appointed as an Audiometry Technician on regular pay scale after revision of pay rules, 1988 of the Government of Tripura was implemented and so, the pay scale was not tested by any Pay Commission.

(2.) The 4th Tripura Pay Commission, 1996 was constituted by the Government of Tripura and the Commission submitted its recommendation on 29.06.1998. A Pay Anomaly Committee was constituted, wherein the pay of the Audiometry Technician was also taken up and the Anomaly Committee submitted its report recommending pay scale of Rs.1700-3980/- for the post of Audiometry Technician. The Anomaly Committee considered that the post of Audiometry Technician is an equivalent post as that of Opthalmic Assistant in terms of Recruitment Rules. It is the contention of the petitioner that the State-respondent was supposed to implement the recommendation of the Anomaly Committee (Annexure-5 to the writ petition), but when Revision of Pay Rules, 1999 (for short 'ROP Rules 1999') came into effect w.e.f. 01.01.1996, the petitioner found that the post of Audiometry Technician was missing in the ROP Rules 1999. He made representation to respondent No.3 for providing him the pay scale as per the recommendation of 4th Tripura Pay Commission and thereafter the respondents made an amendment in the ROP Rules 1999 vide 15th Amendment Rule 2004 (Annexure-7 to the writ petition) and allowed revised pay scale of Rs.4200-8650/-, corresponding to pre-revised scale of Rs.1300-3220/-.

(3.) The petitioner felt aggrieved and submitted representation one after another, which is reflected in his representation dated 28.05.2005 (Annexure-8 to the writ petition) and thereafter the respondent No.3 came out with Memo dated 18.08.2005 (Annexure-9 to the writ petition) rejecting the representation of the petitioner summarily. The petitioner challenged Annexure-9 as well as Annexure-7 to the writ petition contending that the post of Audiometry Technician is equivalent to the post of Opthalmic Assistant, which was observed by the 4th Tripura Pay Commission and while Opthalmic Assistant has been provided the pay scale of Rs.1700-3980/- and corresponding revised pay scale of Rs.5500-10700/-, he is also entitled to the said pay scale from 01.01.1996.