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2014 DIGILAW 128 (TRI)

Jayanti Roy v. State of Tripura

2014-03-18

S.TALAPATRA

body2014
JUDGMENT S. Talapatra, J.:- Heard Mr. Somik Deb, learned counsel appearing for the petitioner as well as Mr. J. Majumder, learned counsel appearing for the respondents. 2. The petitioner, while working as the Investigator in the Directorate of Economics & Statistics, Govt. of Tripura, was deputed in the Tripura State AIDS Control Society by the order dated 22.05.2008 (Annexure-P/1 to the writ petition) on condition that the said period of deputation shall continue for one year subject to the extension given by the competent authority. That apart, it has been provided in the said order dated 22.05.2008 that the scale of pay of the deputation post will be fixed as per normal rules if, of course, he opts to draw his salary in the scale of the deputation post. It is undisputed that in response to the communication dated 06.06.2012 (Annexure-P/5 to the writ petition), the petitioner had exercised her option on 12.06.2012 (part of Annexure-P/6 to the writ petition) to have the fixation of pay in the scale of pay of the deputation post, equivalent to the scale of the similar post in the State Government. 3. Mr. Deb, learned counsel appearing for the petitioner, taking recourse to the Tripura State Civil Services (Revised Pay) Rules, 1999 (hereinafter for short, ROP Rules, 1999), has submitted that the Statistical Officer in the State Government under the Statistics Department has been carrying the pay scale of Rs.6500-12300 (pre-revised). The said scale of pay was subject to further revision by way of the Tripura State Civil Services (Revised Pay) Rules, 2009 (hereinafter for short, ROP Rules, 2009) and the said pre-revised scale of pay got revised to Rs. 9570-30000 with the Grade Pay of Rs. 3100 in terms of Part-D of the ROP Rules, 2009. The said ROP Rules, 2009 has come into effect from 01.01.2006. According to Mr. Deb, learned counsel, the petitioner is entitled to get the pecuniary benefits for the entire period of deputation from 13.06.2008 to 13.06.2010 in the scale of pay of Rs. 9570-30000 with the Grade Pay of Rs. 3100 since the petitioner was repatriated to her parent Department on 13.06.2010. 4. Mr. According to Mr. Deb, learned counsel, the petitioner is entitled to get the pecuniary benefits for the entire period of deputation from 13.06.2008 to 13.06.2010 in the scale of pay of Rs. 9570-30000 with the Grade Pay of Rs. 3100 since the petitioner was repatriated to her parent Department on 13.06.2010. 4. Mr. J. Majumder, learned State counsel has placed the calculation as carried out by the Tripura State AIDS Control Society, wherefrom it is found that by the option when an individual opted for scale of the deputation post, the revised scale for purpose of calculating the pecuniary benefit shall be Rs. 9570-30000 with the Grade Pay of Rs. 3100 per month with other benefits, so far the petitioner is concerned. 5. In view of this admitted position, the respondents are directed to release all the pecuniary benefits in favour of the petitioner for the period of her deputation w.e.f. 13.06.2008 to 13.06.2010, subject to the records, in the scale of pay of Rs. 9570-30000 with the Grade Pay of Rs. 3100 and other entitlements on the basis of the said pay scale within a period of 3(three) months from the date of receipt of the certified copy of this order to be delivered up by the petitioner to the competent authority, on deduction of the pay and allowances as has been already received by the petitioner. 6. With this observation and direction, this petition stands allowed to the extent as indicated above. There shall be no order as to costs.