PRABIR KUMAR MALLLIK Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. S.M. Chakraborty, learned senior counsel assisted by Ms. B. Chakraborty, learned counsel appearing for the petitioners as well as Mr. M. Debbarma, learned Addl. G.A appearing for the respondents.

(2.) It is an admitted position that the petitioners were appointed directly as the Headmaster/Headmistress of Higher Secondary School, pursuant to the advertisement No.5/2004 dated 01.10.2004, issued by the Tripura Public Service Commission. All the petitioners were appointed after 01.01.2006, the day on which Tripura State Civil Services (Revise Pay) Rules, 2009 was given effect to. True it is that at the time of publication of the said advertisement dated 01.10.2004, a provision under the service rule called Headmaster/Headmistress, Higher Secondary Schools/District Inspector of Schools Recruitment Rules published under Notification No.F.2A(5-2)-DSE/2003(L-3) dated 28th July, 2004 (Annexure-2 to the writ petition) is available providing as follows:

(3.) There is no dispute that in Tripura State Civil Services (Revised Pay) Rules, 1999, in short ROP Rules, 1999 where one scale has been prescribed for the Headmaster/Headmistress Higher Secondary School and that pay scale is Rs.10,000-15,100/- corresponding to the pre-revised pay scale of Rs.3000-5000/- . But, by the said recruitment rules, there came to exist two separate pay scales for the same category of post discharging the same duties. But, since there is no challenge, even not in this writ petition, this court cannot examine the constitutionality of the said provisions engrafted in the recruitment rules. But the unique turn that has taken place for enactment of ROP Rules, 1999, vide Rule 2 is that the service rules has faced a new situation for operation of ROP Rules, 2009, which provides as hereunder: