JUDGMENT & ORDER : By means of this writ petition, the petitioner who is a driver now borne in the Tripura Government Vehicles Drivers Services, Grade-III in terms of the Tripura Government Vehicles Drivers Services (7th Amendment) Rules, 2011, has urged this court to quash the orders dated 11.06.2013 and 04.09.2013, [Annexure-7 & 9 respectively] to the writ petition. The petitioner has further urged for mandamus on the respondents to allow him the pay scale : PB-2-Rs.5,310 –24,000/- with the grade pay of Rs.1,800/- with effect from 01.03.2012. 2. The facts are mostly admitted. The petitioner was appointed by the order dated 28.02.2007 [Annexure-3 to the writ petition] as the driver, Grade-II (Group-C) on purely temporary basis on a monthly fixed pay of Rs.1,983/- with other allowances. As per the government policy, the said appointment was against a regular post keeping the regular pay scale in abeyance for 5 (five) years. After 5 (five) years, the regular pay scale is released in favour of the person who is thus appointed on fixed pay basis calculating on 60% of the lowest in the pay scale. By the order dated 18.05.2012 [Annexure-4 to the writ petition] the regular pay scale in the pay band 2 i.e. Rs.5,310-24,000/- with the grade pay of Rs.1,600/- with other admissible allowances has been released with effect from 01.03.2012. 3. Further, there is no dispute that the petitioner was initially appointed in the post of the driver, Grade-II under the Directorate of Relief, Rehabilitation & Disaster Management by the order dated 28.02.2007. At the relevant point of time, that was an ex cadre post, meaning, that post was not included in the Tripura Government Vehicles Drivers Services which was constituted by the rules called Tripura Government Vehicles Drivers Services Rules, 1979. However, by the notification under No. F.1(21)-TRANS/2010 dated 03.05.2011 an amendment has been carried out in the said Tripura Government Vehicles Drivers Services Rules, 1979, hereinafter referred to as the principal rules, in exercise of the powers conferred by proviso to Article 309 of the Constitution of India by bringing the drivers of Relief, Rehabilitation & Disaster Management in the cadre with effect from 01.01.2009, by the said amendment rules called the Tripura Government Vehicles Drivers Services (7th Amendment), Rules, 2011, hereinafter referred to as the Amendment Rules. Such inclusion had made subject to that the grades and the pay scales shall be guided by the Tripura State Civil Services (Revised Pay) Rules, 2009 and orders issued thereunder. The principal rules by Rule 15, as it has been after the said amendment rules, provides as under : “15.* Recruitment, Gradation, Pay, etc.(i) All existing posts of Driver in the Departments/Offices shall be included in the number of posts. (ii) There shall be three Grades of Drivers namely Grade I, II & III. All the posts in the three Grades shall be Group-C (Non-Gazetted). (iii) All recruitment shall be made at the lowest grade i.e. Grade-III in the PB-2, in the scale of Rs. 5310-24000/- with a Grade pay of Rs. 1800/- plus other allowances as admissible : Provided that the actual initial pay of the direct recruits shall be fixed as per the prevailing orders/notifications issued by the Government of Tripura prevailing at the time of such appointment. (iv) Grade-II scale of Rs. 5310-24000/- with a Grade pay of Rs. 2000 shall be admissible after completion of ten years of continuous service in Grade-III. (v) Grade-I scale of Rs.5310-24000/- with a Grade pay of 2100 shall be admissible after 7 years of continuous service in Grade-II. (vi) Assured Career Progression (ACP) – III benefit shall be admissible to the Grade-I Drivers after completion of 8 years of continuous service in Grade-I in the scale of Rs.5310-24000/-with Grade pay of Rs.2400/.” 4. The petitioner’s case is very simple and straight. For the encadrement, he will be entitled to the scale PB-2-Rs.5,310-24,000/- with the grade pay of Rs.1,800/- which is for the drivers of the Tripura Government Vehicles Drivers Services, Grade-III as the petitioner deemed to have been inducted in the said grade with effect from 01.03.2012. Despite his representation and the demand notice, the respondents have failed to redress the grievance of the petitioner and thus the petitioner has been persuaded to file the present writ petition. The respondents by filing their reply has clearly stated that : “In the Tripura State Civil Services (Revised pay) fifteenth amendment Rules, 2004 does not include the (modified revised scales) Drivers of Relief & Rehabilitation Department. It is stated that there are three grades, like Grade-III, Grade-II & Grade-I Drivers in various State Government Departments in pre revised pay scale under 15th Amendment Rules 2004 which was provided revised corresponding Grade pay. It is stated that there are three grades, like Grade-III, Grade-II & Grade-I Drivers in various State Government Departments in pre revised pay scale under 15th Amendment Rules 2004 which was provided revised corresponding Grade pay. But, the post of Driver consisting of 2 grades, like Grade-II & Grade-I in the pre revised pay scale of Rs.3050-5910/- & 3300-7100/- are there as per Recruitment Rules the posts in the Relief Rehabilitation & Disaster management Department. Therefore, the Drivers in Grade-II & Grade-I in the Relief, Rehabilitation & Disaster Management Department were not brought at par with Grade-III, Grade-II & Grade-I pre revised pay scale of other state government department under 15th Amendment Rules, 2004 to the TSCS (ROP) Rules. Therefore, answering respondent is not in a position to provide identical revised Grade Pay of Rs.1800/- (meant for Driver Grade-III of other department) in respect of Grade-II of Department at this stage.” 5. Even there is no dispute that in the Tripura Government Vehicles Drivers Services there are three grades namely Grade-III, Grade-II and Grade-I consisting of the drivers of various state government departments whose names are appearing in the schedule of the principal rules as amended from time to time and those grades are respectively borne in the pay scale of Rs.3,300-7,100/-, Rs.4000-7,890/- and Rs.4,200-8,650/- in terms of the Tripura State Civil Services(Revised Pay) (15th amendment), Rules, 2004. After introduction of the pay band, the grade pay of Grade-III, Grade-II and Grade-I has been added respectively at Rs.1,800/-, Rs.2000/- and Rs.2,100/- in terms of the ROP Rules, 2009. The basis of denying the petitioner the pay scale or Rs.3,300–7,100/- with the grade pay of Rs.1,800 is that the drivers in the Relief, Rehabilitation & Disaster Management Department were consisted of two grades namely Grade-II and Grade-I in the prerevised pay scale of Rs.3050-5910/- & 3300-7100/- respectively. According to the respondents, these pay scales are also related to the recruitment rules. The respondents has therefore taken a clear stand which is as under : “The Department is not in a position to provide identical revised Grade Pay of Rs.1,800/- (meant of Driver Grade-III of others Department) in respect of the Driver Grade-II (petitioner) of the Relief, Rehabilitation & Disaster Management Department until and unless that Recruitment Rules for the relevant post is amended. The matter was referred to the Finance Department, after examination, the Finance Department had requested the Department to refer the matter to the next pay Commission when set up in future.” 6. Mr. P.K. Pal, learned counsel appearing for the petitioner has emphatically submitted that the impugned decisions of the respondents as borne in the communication dated 11.06.2013 [Annexure-7 to the writ petition] and 04.09.2013 [Annexure-9 to the writ petition] are wholly arbitrary, iniquitous and completely in contradiction to the equality clause inasmuch as since the petitioner has been inducted in the Tripura Government Vehicles Drivers Services [the cadre] by way of the said amendment in the principal rules, he is entitled to get the equal pay with the member of the said services who are borne in the similar grade of the petitioner. There cannot be any discrimination in this regard. That apart, induction in the service cannot be made without adjusting the incumbent against the relevant grade. The respondents are bound to adjust the petitioner against the Grade-III of the said service and to provide him the pay and other financial benefits attached to the said grade. 7. Ms. A.S. Lodh, learned Addl. G.A. appearing for the respondents has however made a robust attempt to repel the said submission of Mr. Pal, learned counsel appearing for the petitioner contending that since the pay scale of the drivers, borne in the Grade-II [ex-cadre] is not available in the Tripura Government Vehicles Drivers Services, the petitioner cannot legitimately expect that the pay scale of the Grade-III of the Tripura Government Vehicles Drivers Services which carries a higher pay scale shall be allowed to him. Ms. A.S. Lodh, learned Addl. G.A. has further submitted that finance department has advised the Director, Relief, Rehabilitation & Disaster Management by the communication dated 11.06.2013 [Annexure-7 to the writ petition] for referring such anomaly to the next Pay Commission. She has further submitted that the communication dated 04.09.2013 [Annexure-9 to the writ petition] does not reveal anything new, it does simply reiterate the stand of the Finance Department. 8. She has further submitted that the communication dated 04.09.2013 [Annexure-9 to the writ petition] does not reveal anything new, it does simply reiterate the stand of the Finance Department. 8. Having appreciated the submissions made by the learned counsel for the parties, this court finds that the fundamental questions involved in this dispute are centred around the following aspects : (i) Whether the incorporation of the Relief, Rehabilitation & Disaster Management Department by itself inducts the drivers borne in the said department in the Tripura Government Vehicles Drivers Services or not. (ii) If induction is assumed then whether the petitioner is entitled to get the pay scale of the lowest of the grade inasmuch as below that grade there cannot be any post in the service. 9. It has not been denied by the respondents that by the amendment rules as given effect to by the notification dated 03.05.2011 [Annexure-5 to the writ petition] in the schedule of the principal rules Relief, Rehabilitation & Disaster Management department has been included. Since all the drivers of Relief, Rehabilitation & Disaster Management department has been brought. Thus in the driver’s service with effect from 01.01.2009 as it has been provided by Rule 1(2) that the amended rules can be deemed to have come into force with effect from 01.01.2009 and shall extend to all departments/offices as specified in the schedule, provided that the provisions of the rules relating to the grades and pay shall be guided by the Tripura State Civil Services (Revised Pay) Rules, 2009 and the orders issued thereunder. As such there is no ambiguity that the drivers of the Relief, Rehabilitation and Disaster Management Department have been inducted in the Tripura Government Vehicles Drivers Services and they would be entitled to get the pay and allowances according to the grade in terms of the ROP Rules, 2009 and the orders issued thereunder. The initial grade in the Tripura Government Vehicles Drivers Services is the Grade-III and thereafter the persons on completion of 10(ten) years of continuous service in the Grade-III would move to the next Grade-II of the service and on completion of 7(seven) years of continuous service in the Grade-II would move to the Grade-I and those persons would be entitled to get the prescribed pay scale [see Rule 15, extracted]. Even Assured Career Progress (ACP) III benefit shall be admissible to the Grade-I drivers after completion of 8(eight) years of continuous service in the Grade-I in the prescribed pay scale as referred in the said notification dated 03.05.2011. As evident, the Rule 15 has been accordingly amended. Since the petitioner by operation of the said notification dated 03.05.2011 shall be deemed to have been inducted in the driver’s service, he has to be adjusted in the Grade-III of the said service and further he will be entitled to the pay scale as prescribed for the said grade. There is no dispute that for the Grade-III of the Tripura Government Vehicles Drivers Services, the prescribed pay scale is PB-2-Rs.5,110-24,000/- with the grade pay of Rs.1,800/-. Thus, the petitioner is entitled to the said pay scale and the grade pay with effect from 01.03.2012. 10. Having observed thus, respondents are directed to release the said pay scale (Pay Band 2) with grade pay of Rs.1,800/- with effect from 01.03.2012 and his arrear pay and allowances shall be paid within a period of 6(six) months after preparing a due drawn statement in terms of the above direction. 11. In the result, this writ petition stands allowed to the extent as indicated above. There shall be no order as to costs.