LAWS(GAU)-2006-1-26

STATE OF TRIPURA Vs. TARUN CHANDRA DEY

Decided On January 10, 2006
STATE OF TRIPURA Appellant
V/S
TARUN CHANDRA DEY Respondents

JUDGEMENT

(1.) While the appeals being RSA Nos 44/ 2003 and 45/2003 have been preferred by the State of Tripura (Defendants in the suits) against the appellate judgment and decree passed by the learned Additional District Judge, Udaipur, South Tripura dated 4.6.2003 in Title Appeal No, 7/2001 and Title Appeal No. 8/2001 respectively, the appeals being RSA Nos. 47/2003 and 48/2003 have been preferred by the plaintiffs in the suits namely Title Suit No. 14/ 1999 and Title Suit No. 11/1999 respectively, against the same very judgment and decrees of the Appellate Court. Thus, both the plaintiffs and the defendants in the suits have preferred the present appeals being aggrieved by the judgments and decrees of the first Appellate Court. Be it stated here that the State did not prefer any appeal against the judgment and decree passed in the Title Suits.

(2.) The dispute involved is in respect of entitlement of the benefits of revised pay scales and the dates from which such revised pay scales are to be made effective. The plaintiffs in the suits are the Tripura Police personnel working in the rank of Sub-Inspector of Police. Two separate Title Suits were filed by two sets of employees in the rank of Sub-Inspector of Police. Since the basic facts and the issues involved in both the suits, barring some minor differences in respect of service particulars of the plaintiffs are same and as agreed to by the learned counsel for the parties, the facts involved in Title Suit No. 11/1999 giving rise to Title Appeal No. 8/2001 and the present appeal being RSA No. 45/2003 are taken into consideration for deciding all the appeals. All the appeals were heard analogously and are being disposed of by this common judgment and order,

(3.) Title Suit No. 11/1999 was filed by the pllaintiffs with the following prayer :