SANKAR CHANDRA PAUL Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. P. Roy Barman, learned Counsel appearing on behalf of the petitioners and Mr. T.D. Majumder, learned Addl. Govt. Advocate appearing on behalf of the State respondents.

(2.) This writ petition has been filed praying mainly for quashing two impugned orders bearing the same number being No. F. 3(70)-EO/AC/88 dated 14.3.1997, one concerning the petitioner No. 1 and the other concerning the petitioner No. 2, issued by the Asstt. Director, Evaluation Organisation, Department of Planning and Co-ordination, Government of Tripura. The two impugned orders dated 14.3.1997, were issued re-fixing the pays of the petitioner No. 1 and the petitioner No. 2 respectively at Rs. 2385/- per month in the scale of Rs. 1450-60-1930-65-2450-70-3710/- with effect the date of their joining on 7th September, 1996 (F/N) as Inspector (Group-C) under Rules, FR.22 (1) (a) (i) with the date of next normal increment on 1.1.1997. These two impugned orders were issued in partial modification of an earlier order of the same Department being No. F. 3 (70)-EO/AC/88/1150-55 dated 4th November, 1996, under which consequent upon their promotion from the post of Investigator to the post of Inspector, apparently, having regard to the provisions of FR 22 (1) (a) (i) as well as their options, the petitioners had been allowed to draw the pay of Rs. 2385/- with effect from 7.9.1996 to 31.12.1996 per month and Rs. 2520/- per month with effect from 1.1.1997 plus other allowances with the date of next increment on 1.1.1998. The said earlier order dated 4.11.1996 had apparently been issued in pursuance of Office Memorandum being No. F. 4 (6)- FIN(PC)/88/Part-I, dated 11.10.1993 of the Finance Department, Government of Tripura on the subject of application of FR 22 in case of fixation of pay on promotion from one post to another carrying same scale of pay involving greater responsibility.

(3.) Another prayer of the petitioners is for directing the respondents to allow the petitioners to have the benefits of fixation of their pays at Rs. 2,500/- per month with effect from 1.1.1997 in pursuance of FR 22 (1) (a) (i) in consequence of options exercised by them under FR 22 (1) (a) (i) after their promotion from the post of Investigator to the post of Inspector.