BABUL DEY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) In the aforesaid five cases common questions arise for decision and the factual matrix of the aforesaid five cases are virtually identical and as such all the cases are taken together, being agreed by the learned counsel for the parties, for hearing and final disposal.

(2.) The Petitioners of the aforesaid cases have been appointed on different dates to the posts of Co-Operative Auditor by the Registrar of Co-Operative Societies in the Directorate of Co-Operation, Government of Tripura. The pay scale of the Auditor under Co-Operative Department has been revised time to time and by virtue of the Revision of Pay Rules, 1982, the pay scale of all the Petitioners, holders of the posts of Auditor, had been revised to Rs.550- 1245/-. the dispute virtually arose due to commencement of "Tripura State Civil Services (Revised Pay) Rules, 1988" (hereinafter referred as "ROP, 1988"). The ROP, 1988 has been issued by the Govt. of Tripura in exercise of power under proviso to Article 309 of the Constitution of India w.e.f. 1.1.1986. The pay scales of the employees under the State Government in different departments have been revised as per Part-B Schedule-Ill of the ROP, 1988 and the revised pay scales have been shown in a tabulation form departmentwise. So far the Petitioners' cases are concerned, the ROP, 1988 prescribed as follows : <FRM>JUDGEMENT_254_GAULT2_2001Html1.htm</FRM>

(3.) There are as many as 29 graded scales have been introduced by the ROP, 1988 at available in Part-C (Schedule-III). Part-C (Schedule-Ill) it is stated that the Govt. employees shall move from the lowest grade scale to the successive higher post/grade-scale according to the prescription given thereunder which runs as follows: