PARIMAL KANTI CHAKRABORTY Vs. TRIPURA JUTE MILS LIMITED

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 17.7.96 passed by the learned Single Judge in Civil Rule No. 162 of 1996 (Old No. C.R. 48/88).

(2.) We have heard Mr S. Dey, leamed senior counsel for the petitioner and Mr G.S. Das, learned counsel for the respondent company Tripura Jute Mills Ltd., a Govt. of Tripura undertaking.

(3.) The petitioner's case in brief is that he was appointed as Pharmacist (Category-A) in the pay scale of Rs.330-10-4004 5-580 per month by the respondent company vide Memorandum dated 29.6.81 (Annexure-2). Earlier by a resolution dated 24.12.77 the respondent company adopted the Govt. of Tripura pay scales for its employees. Subsequent to such adoption, the pay scale of Pharmacist (Category-A) was revised to Rs.400-15-550-20-750-25-900/- per month. The petitioner was given this revised pay scale with effect from 1.12.81 (Annexure- 4). The pay scale of the post of Accounts Assistant/Overseer was also revised to Rs.400-15-550-20-750-25-900/- per month with effect from 1.12.81. The respondent company redesignated the post of Pharmacist (Category-A) as Medical Assistant without changing the terms and conditions of service, remuneration, and nature of duties and responsibilities vide letter dated 7.9.82 (Annexure-3). Subsequently, the pay scale of Overseer was revised to Rs.800-50-1050- 60-1530/- per month vide Memorandum dated 21.4.85 (Annexure-9B). But the pay scale of Pharmacist (Category-A) redesignated as Medical Assistant was not so revised. Thus the petitioner was left out and deprived of the benefit of higher pay scale. Therefore, the question arises whether the petitioner is entitled to the revised pay scale of Overseer/Accounts Assistant on the ground that at the time of petitioner's initial appointment as Pharmacist (Category-A) redesignated as Medical Assistant, he was given the pre-revised pay scale of Overseer/ Accounts Assistant. Initially all these posts carried the same pay scale.