BIMANCHANDRA SAHA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner seeks for a direction for allowing/giving him the pay and allowances meant for the post of I lousing Cominissioner( equivalent to the post ofChief Engineer with died from 31.12.1997, the date when the petitioner assumed the duties of Housing Commissioner and also seeks for a writ of mandamus directing the authorities to appoint him to the post of Chief Engineer, P. W.D. with retrospective effect from the date of his assumption of the office as Housing Commissioner.

(2.) The gist of the petitioner's case is that the petitioner being a graduate in Civil Engineering joined service as Junior Engineer in Public Works Department, Government of Tripura. in 1966 and. thereafter, gradually phase by phase he got promotion and ultimately he was appointed by way of promotion to the post of Superintendent of Engineer on 22.6.1987. in the same manner the private respondent No. 6 was also appointed on promotion to the post of Superintendent Engineer on 24.11.1987.

(3.) While the petitioner was so serving as Superintendent Engineer (shortly "S.E.") he was transferred and posted in Tripura Housing Board "to act" as "Housing Commissioner" but he has not been allowed the higher pay scale attached/meant for the Housing Commissioner. Having exhausted the alternative remedy by way of representation to the authority concerned seeking the higher pay scale but getting no response the petitioner served a demand notice dated 7.11.2000 (Annexure-12) and then filed this ease.