SHYAMAL KANTI DEB Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS writ petition is directed against the order issued by the Government of Tripura in the Industries and Commerce Department denying the particular revised pay scale to the petitioner for which, he had earlier filed another writ petition, which was disposed of providing fresh consideration of the matter consistently with the observations made in the judgment. The prayer made in the writ petition is for a direction to the respondents to grant the particular pay scale.

(2.) THE petitioner is an employee of the respondent corporation and at the time of filing of the earlier writ petition being WP (C) No. 166/2000, he was working as Assistant Manager under the corporation, which is a Government of Tripura undertaking. He was appointed as such on regular basis with effect from 1. 9. 1991 in the pay scale of Rs. 2100-3000/- (SL 5000/- ). As per the provisions of Tripura State Civil Service (Revised Pay) Rules, 1999 which came into force with effect from 1. 1. 1996, the pay scale of Rs. 2100-5000/- had been revised to Rs. 7800-15,100/- and the senior scale thereof, which was Rs. 3000-5000/- had been revised to 10,000-15,100/ -. The particular note in the ROP Rules on which the petitioner has put emphasis reads as follows:

(3.) THE petitioner was provided with the revised scale of Rs. 3000-5000, which is the senior stage level of the pay scale of Rs. 2100-5000/ -. Same was admissible on completion of four years of service and was made effective from 1. 9. 1995. It is the case of the petitioner that he is entitled to receive the corresponding revised pay scale of Rs. 10,000-15,100/- as per ROP Rules of 1999. In the earlier writ petition, it was the specific case of the petitioner that the revised pay scale of Rs. 10,000-15,100/- has been provided to all similarly situated State Government employees including the Assistant Engineers working in the same Corporation. The petitioner exercised his option to come over to the revised scale of Rs. 10,000-15,100/ -. However, the Managing Director of the Corporation asked the petitioner to re-submit the option opting for the scale of Rs. 7,800-15,100/- in the pre-revised scale of Rs, 2100-5000/ -. Same having been objected to by the petitioner, the Managing Director by his letter dated 21/23. 8. 1999 intimated the petitioner that upon a reference to the Finance Department, it has been clarified as follows: