ALOK DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. S.M. Chakraborty, learned senior counsel assisted by Ms. P. Sen, learned counsel appearing for the petitioner as well as Mr. M. Debbarma, learned Addl. G.A. appearing for the respondents No.1 and 2. Even though learned counsel for the respondents No.3 and 4 was available on the other occasions but the said counsel has not for whatsoever reason appeared when the matter was taken up for hearing. This court finds from the reply filed by the respondents No.1 and 2 that their reply is adequately comprehensive. However, the reply filed by the respondents No.3 and 4 may also be looked into for determining this writ petition.

(2.) The petitioner who has been serving as the Assistant Engineer w.e.f. 01.01.2013 was initially entered in the service as the Draftsman on contract basis w.e.f. 30.08.1999 on fixed pay basis @Rs.2500/- per month. The said draftsman was re-designated as Junior Engineer [Diploma] w.e.f. 07.07.2004 with a fixed pay of Rs.3250/- per month. Subsequently, the petitioner was regularized in the post of Junior Engineer [Diploma] in the scale of pay of Rs.5000-10300/- corresponding to revised pay scale of Rs.5310-24000/-[PB-2] with Grade Pay of Rs.2400/- as per Tripura State Civil Services [Revised Pay] Rules, 2009, in short ROP Rules, 2009 w.e.f. 01.10.2007. Gradually, the petitioner was given the current duty charge of Assistant Engineer w.e.f. 21.06.2011 but without any financial benefit. Such engagement was extended and finally, the petitioner got the regular scale of pay of Rs.13575-37000/-[PB-4] with Grade Pay of Rs.3700/- in accordance with the ROP Rules, 2009 which had been adopted by the Tripura Industrial Development Corporation Ltd. [TIDC in short] w.e.f. 01.01.2013. The petitioner has drawn the salary equal to that the member of the Tripura Engineering Service of his status. In the Tripura Engineering service entry level post of Junior Engineer [Grade-VB] was borne in the scale of Rs.5000- 10300/- with Grade of Rs.2400/- as per ROP Rules, 2009 on their promotion to the next grade or by the scale up-gradation under Career Advancement Scheme [CAS] on completion of 8 years of service. The Assistant Engineers was borne in Grade- IV entitled to the revised pay scale of Rs.9570-30000/- with Grade Pay of Rs.3500/- as per ROP Rules, 2009 but to reach that upgraded level one Junior Engineer borne in the Grade- VB of Tripura Engineering Service has to wait for 16 [8+8] years. It is an admitted position that the writ petitioner was allowed to have the Grade Pay of Rs.3700/- on completion of 5 1/2 years of service only. In the Tripura Engineering Service it requires 8 years of service from the Grade VA. The petitioner has stated that the Grade Pays are different in the public undertakings or in the Government Corporations. For example, the Tripura Pollution Control Board has been providing the scale of pay of Rs.13575-37000/- with Grade Pay of Rs.4500/- to the Assistant Engineer, but the grade pay what is given in the TIDC is Rs.3700/-. Similarly, the other organizations are providing higher grade pay for the equal post of the Assistant Engineer or the posts different by nomenclature. The petitioner has given an illustration of those posts in Paras-10 and 11 of the writ petition.

(3.) The petitioner has on such premise, urged this court to adopt a reasonable approach and grant the petitioner the scale of pay of Rs.13575-37000/- [PB-4] with Grade Pay of Rs.4500/- in terms of the ROP Rules, 2009 and its corresponding revised pay scale. The said pay scale has been revised to Rs.15600-39100/- [PB-4] with Grade Pay of Rs.6600/-. The petitioner has further claimed for arrears of pay in contemplation. The petitioner has further urged this court to quash the order dated 20.07.2008 [Anexure-8 to the writ petition] issued by the respondent No.2, whereby the Finance Department has adopted the revised pay structure having nexus with the ROP Rules, 2009, wherein Assistant Engineers working in the TIDC Ltd. have been provided with the the revised scale of pay of Rs.13575-37000/- with Grade Pay of Rs.3700/- corresponding to the pre-revised scale of pay of Rs.7800-15100/-.