SRI KRISHNA BHATTA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The controversy raised in this writ petition is as to whether the Petitioner should be paid his salary in the scale of pay or Rs. 4200-8650/- (pre-revised) at par with the Upper Division Clerk (Law) and / or he should be allowed to continue in the pay scale of Rs. 3300 -7100/-.

(2.) The Petitioner who had been working as Advocate's Clerk having attached to the office of the Public Prosecutor since 1.11.1993, was appointed as a Law Clerk in the establishment of Legal Remembrancer under the Law Department, Govt. of Tripura on fixed pay of Rs. 2145/- per month w.e.f. 27.04.2002. The appointment was entertained against the fixed pay post of Law Clerk created by the Finance Department vide order dated 19.11.2007 as indicated in the Annexure-1 order dated 20.12.2007.

(3.) By Annexure-2 representation dated 22.12.2007, the Petitioner made a request for modifying the fixed pay to Rs. 2730/-as per his entitlement. However, nothing followed thereafter. By Annexure-4 representation dated 4.3.2009, the Petitioner made a request for designating him as UDC (Law) at par with such designation in the other department, more particularly, the Health and Family Welfare Department and to provide him salary in the pay scale of Rs. 4200 - 8650/-, as per the provisions of 15th amendment to ROP Rules, 1999. In the mean time, as per the policy decision of the Government, on completion of 5 (five) years of service as fixed pay Law Clerk, the Petitioner was provided with the time scale of pay of Rs. 3300-7100/-, which according to the Petitioner ought to be Rs. 4200-8650/-.