SUBRATA KUMAR CHAKRABORTY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE factual and legal premises being same or similar in the above noted two writ petitions, the same are proposed to be disposed of by this common judgment.

(2.) IN Civil Rule No. 101 of 95, the petitioner Subrata Kumar Chakraborty was appointed as offset printer, Grade-I in the Directorate of Land Records and Settlement in the pay scale of Rs. 560-1300/- on 26. 8. 88. He was a diploma holder in printing technology. The Third Pay Commission's report of the State was implemented with effect from 1. 1. 86 revising the pay scale of the petitioner from Rs. 560-1300/- to Rs. 1300-3220/ -. The same revised pay scale was given to the cameraman/offset printer (operator) of the Printing and Stationary department. However, by a subsequent notification dated 14. 6. 89, all the employees of the printing and Stationary department holding diploma in printing technology was given the pay scale of Rs. 1450-3710/- with effect from 1. 1. 86. But the same benefit was not extended to the petitioner who was left in the pay scale of Rs. 1300-3220/- though he was also the holder of diploma in printing technology in the other department, namely, the Directorate of Land Records and Settlement. Thus, the notification dated 14. 6. 89 (Annexure-6) providing a higher scale of pay of Rs. 1450-3710/- to the offset printer/operator of the Printing and Stationary department only leaving the persons holding same qualification and designation in the Directorate of Land Records and Settlement has been called in question on the ground that the same has created a hostile discrimination violating the equality clause under Article 14 of the Constitution.

(3.) IN Civil Rule No. 102 of 95, the petitioner Pulakesh Dutta obtained diploma in printing technology in the year 1979 and was appointed as photographer in the pay scale of Rs. 325-665/- on 20. 12. 80 in the Directorate of land Records and Settlement. The said pay scale came to be revised to the pay scale of Rs. 560-1300/- in 1982. In the Third Pay Commission, the same pay scale was further revised to Rs. 1300-3220/- with effect from 1. 1. 86. Like him, the photographer/cameraman of the Printing and Stationary department was also given the same pay scale of Rs. 1300-3220/ -. But, subsequently by notification dated 14. 6. 89 (Annexure-6), the cameraman of the Printing and Stationary department was allowed the pay scale of Rs. 1450-3710/- with effect from 1. 1. 86 who also had the same qualification of diploma in printing technology. It is the contention of the petitioner that by providing two different pay sales to the employees holding same qualification with same or similar designation, but working in different departments, a hostile discrimination has been done violating thereby the equality clause of Article 14 of the Constitution. Similar prayer has been made by this petitioner also for the pay scale of Rs. 1450-3710/- with effect from 1. 1. 86 and corresponding revised pay scale of Rs. 5000-10300/- with effect from 1. 1. 96.