BIMALENDU DUTTA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) In this writ petition the petitioners 4 in numbers sought for a direction from the end this court to the State Respondents to applement the government decision as contained in Annexure-3 to the writ petition and for grant of the qualification based scale of pay to the petitioners, i.e, Assistant Electricians with effect from the date of their appointment to their respective posts as has been granted to the Draftsman Grade-III and Surveyors and also for grant of qualification based scale of pay to the petitioners as contained in the said document marked as Annexure-3 ito the writ petition, i.e. the office letter bearing No. F.5(26)-PC/78 dated, Agartala, the 14th September, 1978 issued by the Superintending Engineer,. Planning Circle, P. W.D, Agartala and that of the government memorandum bearing No. F.6(1 87)PWD(E)/ 72(72), dated, Agartala, the 18th January, 1975 issued by the Secretary to the Govt. of Tripura, Public Works Department on the subjects namely,

(2.) Supporting the case of the Writ petitioners Mr. K.N. Bhattacharjee, learned Senior Counsel assisted by Mr. S.B. Dutta, learned counsel submitted that the writ petitioners along with others approached before this Court earlier under Civil Rule Nos. 3,4,5,6,7 and 8 of 1985 for ventilating their grievances in the matter and this court by a common judgment and order deted 3rd June, 1986 made the following related observation in paragraphs 14 and 15 of the judgment which is very important and material and as such the learned counsels for the petitioners drew my attention to the said relevant portion of the judgment and order. In my considered view, it would be just and proper to examine the matter at this stage and accordingly I examined the related and operative portion of paragraphs 14 and 15 of the said judgment and it is essential to have further examination for which the said related observation of this court is quoted below :

(3.) It is also argued by Mr. K. N. Bhattacharjee, learned senior counsel that the post of Assistant Electrician is class-III Technical Non-Gazetted post as per related Recruitment Rules and apart from it the petitioners possessed all the essential and desirable qualifications as they have undergone 2(two) years training course under I.T.I. which is the qualification, duration and National classification of occupations adopted by National Council for training and Vocational Trade under the Ministry of Labour and Employment as seen in the document marked as Annexure-1 to the writ petition and by virtue of those related office order/letters of the Superintending Engineer, Planning Circle, P.W.D., Agartala and that of the Govt. Memorandum dated 14th September, 1978 and 18th January, 1975 as in Annexure-3 to the writ petition, the writ petitioners are the holders of class-III Non-Gazetted Technical post requiring Sub-Overseer's qualification in the P. W.D. under the Govt. of Tripura as they have undergone and completed the training for a total period of 2 (two) years after passing the School Final Examination/its equivalent and as such they should be considered as equivalent to the Sub-overseer's qualification for the purpose of fixation of pay only in the qualification based scale of pay of Rs. 175-7- 23 l-EB-7-245-8-325/- as per decision of the related order/memorandum dated 18th January, 1975 as mentioned above but these aspects were duly ignored by the State respondents particularly expert body namely, the pay Commission while fixing the scale of pay of these petitioners in the grade of Assistant Electrician/equivalent. According to Mr. K.N. Bhattacharjee, learned senior counsel the petitioners are not claiming for equal pay for equal works but they are claiming for affording the benefits of the said memorandum of 18th January, 1975 and that of the order/ office letter of 14th September, 1978 and for qualification based scale of pay which is given to the Sub-overseer's qualification for the purpose of fixation of pay in case of the present writ petitioners and they should be treated equal to sub-overseers in the matter of fixation of scale of pay.