KRISHNA KESHAB ROY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The facts giving rise to the filing of this application under Article 226 of the Constitution of India are that the petitioner who holds the degrees of M.A. and LL.B. joined service in the post of Law Officer cum-Draftsman in the Co-operative Directorate, Government of Tripura in the afternoon of 4.4.1982 after practising Law for about 5 years. As per the rule the petitioner had to face the interview and he was duly selected by the Tripura Public Service Commission. He was given the pay scale of Rs. 3000-5000/ -. This pay scale was equivalent to that of the starting pay scale of Grade-Ill Tripura Judicial Service. But in view of the arduous nature of the works which gradually increased in volumes the petitioner was granted a special allowance of Rs. 200/- with effect from 24.3.1983. But suddenly this special allowance was discontinued with effect from November, 1988. The Second Pay Commission could not consider the case of the petitioner as prior to the joining of the petitioner the Second Pay Commission completed its investigation. The petitioner, therefore, did not get any opportunity to represent his case. However, he submitted a number of representations to the authorities for up-grading his scale in view of the arduous nature of works.

(2.) The further grievance of the petitioner is that the Recruitment Rules which has been framed for appointment of the Law Officer does not provide any promotional scope. Therefore he became stagnant in the same post for about last 15 years. The petitioner, therefore, submitted a number of representations to the respondents for consideration of his case so that at least two promotional opportunities might be created for the post of Law Officer cum-Draftsman. But the authorities turned a deaf ear to those representations. Hence, this Writ petition for issuance of necessary directions to the respondents for up-grading the post of Law Officer-cum-Draftsman to that of a Senior Law Officer keeping inconformity with the pay scale of Tripura Judicial Service Grade-I.

(3.) The respondents who has filed a joint affidavit-in-opposition contended, inter alia, that this writ petition is liable to be dismissed in limine for acquiscence as the petitioner was aware of the rules before joining and that he remained silent for over 13 years. It has been further contended that the scale of Law Officer was initially Rs. 1,860/-. But this scale was revised to Rs. 3000-5000/- on the recommendation of the Pay Commission. It is, however, admitted that the petitioner was granted a special allowance of Rs. 200/- prior to the Revision of Pay Scale in 1988. But this had to be discontinued as a matter of policy as the officers having identical scales were not given any special allowance. The further contention of the answering respondents is that the nature of duty of the post of Law Officer cum-Draftsman cannot be equited with that of Judicial Officer of Tripura Judicial Service as the nature of duties and degree of responsibilities are quite different.