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Gauhati High Court · body

2000 DIGILAW 81 (GAU)

Baharul Islam Majumder v. State of Tripura

2000-02-25

P.C.PHUKAN

body2000
By this petition under Article 226 of the Constitution the petitioner has prayed for a writ for quashing the Tripura Govt Finance Department Office Memorandum dated 7.12.92 (Annexure III), Agriculture Department Notification dated 30.11.93 (Annexure N) and letter dated 10.5.95 (Annexure M) from the respondent No.5 the Director of Horticulture and Soil Conservation, Tripura, and for consequential relief. 2. I heard Mr. CS Sinha, learned counsel for the petitioner and Mr. RB Sinha, learned counsel for the respondents. I have also considered the records of the case including the affidavit filed by the five intervenors, allowed to intervene by this Court's order dated 5.6.96 in Civil Misc Case No. 369 of 1996 and the affidavit-in-opposition filed on behalf of the respondents. 3. The relevant facts which are necessary for disposal of this civil rule are summarised as under. 4. On the recommendation of Tripura Public Service Commission, the petitioner was appointed as Agronomist, a Group B Gazetted post in the Agriculture Department of Tripura Govt, wef 1.8.88 (Annexure A). The Tripura Agriculture Service Rules, 1989 came into force wef 11.1.1990 (Annexure B). By a notification dated 3.1.1991 (Annexure C) the petitioner was appointed wef 17.9.91 to Grade IV Group B Gazetted post as specified in the First Schedule to this Rules. This Schedule specifies Agronomist as a post in TAS IV (TAS stands for Tripura Agriculture Service). As per Rule 15 of this Rules, the scale of pay attached to Grade IV post was Rs. 2,100-4,530 PM. This pay' scale was later enhanced by a Finance Department Memorandum dated 7.12.1992 (Annexure D). The relevant portion of this Memo is extracted below: “Office Memorandum Dated, Agartala, the 7th Dec, 1992 Sub: Grant of higher pay scales to some grades under Tripura Agriculture Services, Tripura Veterinary Services, Tripura Dairy Services, and also to Grade V (a) under the Tripura Engineering Service/Tripura Power Engineering Service. The Governor of Tripura is pleased to order that some grades under the Tripura Agriculture Service, Tripura Veterinary Service, and Tripura Dairy Service, and also Grade V (a) under the Tripura Engineering Service/Tripura Power Engineering Service shall be granted the enhanced pay scales, as indicated below against each of the service and grade, with effect from the 1st April, 1993. SI. Name of the service Existing Enhanced pay scale No. and grade pay scale admissible from 1.4.1993 1 2 3 4 1. SI. Name of the service Existing Enhanced pay scale No. and grade pay scale admissible from 1.4.1993 1 2 3 4 1. Tripura Agri Service TAS-Gr.III Rs.3,200-5,600/- Rs.3,000-5,700/- TAS-Gr.III Rs. 3,000-5,0007- Rs.3,200-5,6007- TAS-GrIV Rs.2,l00-4,530/- Rs.2,100-5,0007- Rs. 3,000-5,0007-(after 4 years)” 5. Pursuant to the above Memorandum, the pay scale of the petitioner was enhanced from Rs. 2,100-4,530 PM to Rs.2,100-5,000 PM wef 1.4.1993. According to the petitioner, his pay scale should have been enhanced to Rs. 3,000-5,000 PM (and not to Rs.2,100-5,000 PM) wef 1.8.92 (and not wef 1.4.1993) inasmuch as he joined as Agronomist, a post in TAS IV on 1.8.88 and completed 4 years of service as such on 31.7.92 and the Tripura State Civil Services (Revised Pay) Rules, 1988, (ROP Rules for short) came into force wef 1.1.1986. The ROP Rules attaching the pay scale of Rs. 2,100-4,530 PM to the post in Grade IV TAS was effective from 1.1.1986 but the Finance Department h Memorandum dated 7.12.1992 (Annexure. D) enhancing this pay scale to Rs. 2,100-5,000 PM and to Rs. 3,000-5,000 PM (after 4 years) was given effect from 1.4.1993 only. There is, therefore, no question of giving the petitioner the enhanced pay scale w.e.f. 31.7.1992. He was rightly given the enhanced pay scale of Rs. 2,100-5,000 PM wef 1.4.1993. Further, he was not entitled to the enhanced pay scale of Rs. 3,000-5,000 PM right from 1.4.1993. He was entitled a to this pay scale from 1.4.1997, i.e. after 4 years from 1.4.1993, the date of implementation of the enhanced pay scale. This is clear from the following notification dated 30.11.93 (Annexure N): “Notification Dated, Agartala, the 30th November, 1993 In continuation of Finance Department office memorandum No. F 4 (60)-FIN/ (PC) 92 dated 7.12.92, it is clarified that the senior level pay scale of Rs. 3,000-5,000 will be admissible after completion of 4 years of service from the date of implementation of the higher pay scale of Rs. 2,100-5,000. This is issued with the concurrence of the Finance Department vide their UO No. 137FOM (PQ/93 dated 12.10.93. . By order of the Governor Sd/-Joint Secretary to the Govt of Tripura.” 6. 3,000-5,000 will be admissible after completion of 4 years of service from the date of implementation of the higher pay scale of Rs. 2,100-5,000. This is issued with the concurrence of the Finance Department vide their UO No. 137FOM (PQ/93 dated 12.10.93. . By order of the Governor Sd/-Joint Secretary to the Govt of Tripura.” 6. The respondent No.5 director of Horticulture and Soil Conservation, Govt of Tripura clarified the matter to the petitioner by writing the following letter dated 10.5.95 (Annexure M): “With reference to your letter No. F 1 (1) TAS IV/BIM/PF/94-95 dated 4.5.95 on the subject cited above, this is to inform you that entitlement of the higher pay scale d of Rs. 3000-5000 is due to admissible after completion of 4 (four) years of service from the date of implementation of the higher pay scale of Rs.2,100-5,000 for which Finance Department has already given their clarification and notification No. F 2 (19) Agri (Esstt) 93-94 dated 30.11.93 had been issued accordingly by Agriculture Department.” 7. It is not disputed by the learned counsel for the petitioner that the State Govt of Tripura had the power to enhance this pay scale to the post of Grade IV TAS from what was prescribed in the ROP Rules to the said post. The State Govt have also the power to specify the date (s) from which such enhanced pay scale (s) shall be effective. I find that the State Govt office memorandum dated 7.12.1992 (Annexure D) enhancing the pay scale to the post in Grade IV TAS and specifying the date from which such enhanced pay scale shall be effective suffers from no legal or constitutional infirmity. The notification dated 30.11.93 (Annexure N) and the letter dated 10.5.95 (Annexure M) were issued by way of clarification only in regard to the State office memorandum dated 7.12.92 (Annexure D). 8. There is, therefore, no merit in this writ petition. The civil rule is dismissed. No costs.