JUDGMENT & ORDER : Heard Mr. Somik Deb, learned counsel appearing for the petitioners as well as Mr. S. Chakraborty, learned Addl. G.A. appearing for the respondents. 2. All these petitions being WP(C) No. 300 of 2017 [Sri Tapas Chakraborty v. State of Tripura & Ors.], WP(C) No. 307 of 2017 [Sri Chitta Ranjan Debnath v. State of Tripura & Ors.], WP(C) No. 308 of 2017 [Sri Ajoy Chakraborty v. State of Tripura & Ors.], WP(C) No. 309 of 2017 [Sri Babul Das v. State of Tripura & Ors.], WP(C) No. 310 of 2017 [Sri Bibak Sarkar v. State of Tripura & Ors.], WP(C) No. 311 of 2017 Sri Bijan Chakraborty v. State of Tripura & Ors.], WP(C) No. 312 of 2017 [Sri Partha Kr. Roy v. State of Tripura & Ors.], WP(C) No. 313 of 2017 [Smti. Malabika Nag Data v. State of Tripura & Ors.], WP(C) No. 314 of 2017 [Sri Saumen Bhattacharjee v. State of Tripura & Ors.], WP(C) No. 315 of 2017 [Sri Bholanath Sarkar v. State of Tripura & Ors.], WP(C) No. 316 of 2017 [Sri Pulin Mitra v. State of Tripura & Ors.], WP(C) No. 317 of 2017 [Sri Biswajit Bhowmik v. State of Tripura & Ors.], WP(C) No. 319 of 2017 Md. Sahetul Miah Mirdha v. State of Tripura & Ors.], WP(C) No. 320 of 2017 [Sri Janardhan Kar v. State of Tripura & Ors.], WP(C). No. 321 of 2017 [Sri Ratan Ch. Saha v. State of Tripura & Ors.], WP(C). No. 322 of 2017 [Sri Jishnu Kr. Das v. State of Tripura & Ors.], WP(C) No. 323 of 2017 [Joydip Roy v. State of Tripura & Ors.], WP(C) No. 324 of 2017 [Sri Litan Saha v. State of Tripura & Ors.], WP(C) No. 325 of 2017 [Smti. Saha v. State of Tripura & Ors.], WP(C). No. 322 of 2017 [Sri Jishnu Kr. Das v. State of Tripura & Ors.], WP(C) No. 323 of 2017 [Joydip Roy v. State of Tripura & Ors.], WP(C) No. 324 of 2017 [Sri Litan Saha v. State of Tripura & Ors.], WP(C) No. 325 of 2017 [Smti. Shelly Sutradhar v. State of Tripura & Ors.], WP(C) No. 331 of 2017 [Dilip Miah v. State of Tripura & Ors.], WP(C) No. 333 of 2017 [Sri Uttam Saha v. State of Tripura & Ors.], WP(C) No. 334 of 2017 [Sri Rana Sharma v. State of Tripura & Ors.], WP(C) No. 335 of 2017 [Sri Sankar Debnath v. State of Tripura & Ors.], WP(C) No. 336 of 2017 [Sri Mantosh Das v. State of Tripura & Ors.], WP(C) No. 337 of 2017 [Sri Uttam Das v. State of Tripura & Ors.], WP(C) No. 338 of 2017 [Sri Biplab Baruah v. State of Tripura & Ors.], WP(C) No. 339 of 2017 [Sri Tarun Choudhury v. State of Tripura & Ors.], WP(C) No. 340 of 2017 [Uttam Kr Deb v. State of Tripura & Ors.], WP(C) No. 341 of 2017 [Sri Sudhir Ch. Bhowmik v. State of Tripura & Ors.], WP(C) No. 342 of 2017 [Sri Jyotirmoy Taran v. State of Tripura & Ors.], WP(C) No. 343 of 2017 [Sri Sujit Dey v. State of Tripura & Ors.], WP(C) No. 344 of 2017 [Sri Brijesh Talapatra v. State of Tripura & Ors.], WP(C) No. 345 of 2017 [Manojit Nath v. State of Tripura & Ors.], WP(C) No. 346 of 2017 [Debassish Das v. State of Tripura & Ors.], WP(C) No. 347 of 2017 [Sri Sujit Saha v. State of Tripura & Ors.], WP(C) No. 348 of 2017 [Sri Indrajit Bhowmik v. State of Tripura & Ors.], WP(C) No. 349 of 2017 [Sri Haradhan Choudhury v. State of Tripura & Ors.], WP(C) No. 350 of 2017 [Sri Abhijit Acharji v. State of Tripura & Ors.], WP(C) No. 351 of 2017 [Sri Mrinal Choudhury v. State of Tripura & Ors.], WP(C) No. 381 of 2017 [Sri Ashim Kr. Deb v. State of Tripura & Ors.], WP(C) No. 382 of 2017 [Sri Kartik Narayan Chakraborty v. State of Tripura & Ors.], WP(C) No. 383 of 2017 [Sri Jaya Shib (Roy) v. State of Tripura & Ors.], WP(C) No. 384 of 2017 [Sri Debasish Das v. State of Tripura & Ors.], WP(C) No. 385 of 2017 [Sri Ranjit Shil v. State of Tripura & Ors.], WP(C) No. 387 of 2017 [Sri Debasish Debnath v. State of Tripura & Ors.], WP(C) No. 388 of 2017 [Sri Bipul Das v. State of Tripura & Ors.], WP(C) No. 389 of 2017 [Sri Biplab Sarkar v. State of Tripura & Ors.], WP(C) No. 390 of 2017 [Sri Litan Kar v. State of Tripura & Ors.], WP(C) No. 391 of 2017 [Sri Pintu Das v. State of Tripura & Ors.], WP(C) No. 394 of 2017 [Sri Rajib Bhattacharjee v. State of Tripura & Ors.], WP(C) No. 395 of 2017 [Sri Bachchan Chakma v. State of Tripura & Ors.], WP(C) No. 396 of 2017 [Sri Ramendra Debbarma v. State of Tripura & Ors.], WP(C) No. 397 of 2017 [Sri Sujoy Debnath v. State of Tripura & Ors.], WP(C) No. 398 of 2017 [Sri Partha Das v. State of Tripura & Ors.], WP(C) No. 399 of 2017 [Sri Susanta Pal v. State of Tripura & Ors.], WP(C) No. 400 of 2017 [Sri Subrata Das v. State of Tripura & Ors.], WP(C) No. 401 of 2017 [Sri Ripan Mukharjee v. State of Tripura & Ors.], WP(C) No. 402 of 2017 [Sri Khokan Ch. Das v. State of Tripura & Ors.], WP(C) No. 403 of 2017 [Sri Abhijit Roy v. State of Tripura & Ors.], WP(C) No. 404 of 2017 [Smti. Das v. State of Tripura & Ors.], WP(C) No. 403 of 2017 [Sri Abhijit Roy v. State of Tripura & Ors.], WP(C) No. 404 of 2017 [Smti. Arpita Deb v. State of Tripura & Ors.], WP(C) No. 405 of 2017 [Sri Samson Uchai v. State of Tripura & Ors.], WP(C) No. 406 of 2017 [Sri Niranjan Paul v. State of Tripura & Ors.], WP(C) No. 407 of 2017 [Sri Suklal Dey v. State of Tripura & Ors.], WP(C) No. 408 of 2017 [Sri Bikram Das v. State of Tripura & Ors.], WP(C) No. 409 of 2017 [Sri Manoj Gupta v. State of Tripura & Ors.], WP(C) No. 410 of 2017 [Sri Buddha Deb v. State of Tripura & Ors.], WP(C) No. 411 of 2017 [Sri Bhabatosh Chakraborty v. State of Tripura & Ors.], WP(C) No. 412 of 2017 [Sri Swadesh Das v. State of Tripura & Ors.], WP(C) No. 413 of 2017 [Sri Dilip Das v. State of Tripura & Ors.], WP(C) No. 414 of 2017 [Sri Samir Chakraborty v. State of Tripura & Ors.], WP(C) No. 561 of 2017 [Sri Subir Dey v. State of Tripura & Ors.], WP(C) No. 562 of 2017 [Sri Pintu Rudra v. State of Tripura & Ors.], WP(C) No. 563 of 2017 [Sri Bapi Goswami v. State of Tripura & Ors.], WP(C) No. 564 of 2017 [Sri Uttam Das v. State of Tripura & Ors.], WP(C) No. 565 of 2017 [Sri Sanjit Das v. State of Tripura & Ors.], WP(C) No. 566 of 2017 [Sri Sujit Das v. State of Tripura & Ors.], WP(C) No. 567 of 2017 [Sri Rahul Chakraborty v. State of Tripura & Ors.], WP(C) No. 568 of 2017 [Sri Biplab Sarkar v. State of Tripura & Ors.], WP(C) No. 569 of 2017 [Sri Debasish Nath v. State of Tripura & Ors.], WP(C) No. 570 of 2017 [Sri Bapi Das v. State of Tripura & Ors.], WP(C) No. 571 of 2017 [Sri Narayan Debnath v. State of Tripura & Ors.] and WP(C) No. 593 of 2017 [Sri Bijoy Kar v. State of Tripura & Ors.] are consolidated or clustered for disposal by a common judgment inasmuch the question as raised in those writ petitions are common and setup in identical conspectus of facts. 3. Here are the petitioners who served on fixed pay basis and urged this Court for directing the respondents to add that period to their service. 3. Here are the petitioners who served on fixed pay basis and urged this Court for directing the respondents to add that period to their service. The regular pay scale was released. In the premises, the substantive appointment of the petitioners shall be counted from the day when the petitioners were appointed on the fixed pay basis for all purposes including pension, seniority and other benefits from the service. 4. After the petitioner were appointed in the post of Assistant Audit Officer, in terms of the decision taken by the Council of Ministers which was communicated by the Finance Department under their notification No. F.9(4)-FIN(PAC)/94 dated 18.09.2000, there is no amount of dispute that the substantive posts of the Assistant Audit Officers were created by keeping the regular pay scale of Rs. 6,500-12,300/- in terms of the government policy that after 5 years of continuous service, the regular pay scale shall be released in favour of the persons who were thus appointed. 5. The final seniority list of Assistant Audit Officers was also published by the memorandum under No. F.2 (5)/57/AUD-DIR/ESTT/2008/6913-7009 dated 03.09.2008, Annexure-11 to the writ petition, clearly stating that the seniority list of 102 Asstt. Audit Officers/Asstt. Accounts Officers who were allowed fixed pay of Rs. 4,000/- per month is modified. Thus, the seniority list was finalized. 6. The petitioners were appointed on fixed pay basis keeping the regular pay scale in abeyance and that aspect is not under controversy. It is also not in dispute that after their appointment as such, the State respondents had framed the Rules called the Tripura Audit & Accounts Service Rules, 2007, which was published in the Tripura Gazette Extra Ordinary issue dated 02.01.2008. Rule-1(b) of the said Rules provides that those Rules shall come into force on and from the date of their publication in the official gazette. Thus, the said Rules as well shall be deemed to have come into effect from 02.01.2008. 7. The service has been constituted by Rule-3 of the said Rules and there are 5 grades. Grade-V is subdivided into the entry level and the senior level. There is also no dispute that the persons who have been appointed in the said posts initially and constituted in the entry level. 8. 7. The service has been constituted by Rule-3 of the said Rules and there are 5 grades. Grade-V is subdivided into the entry level and the senior level. There is also no dispute that the persons who have been appointed in the said posts initially and constituted in the entry level. 8. By the notification under No. F.2 (43)/AUD/DIR/ESTT/2006/9036-216, dated 30.10.2008, Annexure-12 to the writ petition, pursuant to the recommendation of the Selection Committee constituted under Rule 14(2) in Part-V of the Tripura Audit & Accounts Service Rule, 2007, the initial constitution of the service with those Asstt. Audit/Accounts Officers who were recruited directly and have been serving as AAO was made on the date of commencement of those Rules as provided in Rule 5(1) (a) of Part-III of the TAAS. The Governor was pleased to absorb all 102 AAOs in the initial grade, Grade-V borne in the pay scale of Rs. 5,500-10,700/- with effect from the date on which day the Cadre Service Rules came into force i.e. 02.01.2008. Therefore, there cannot be any dispute that the petitioners were brought into the service in the entry level w.e.f. from 02.01.2008. 9. Thereafter, by the memorandum under No. F.2 (87)/AUD-DIR/ESTT/2011/2107-2360 dated 25.07.2017 all the petitioners who were enjoying the entry level pay scale of Rs. 5,500-10,700/- (pre-revised) were moved to the pre-revised pay scale of Rs. 6,500 -12,300/- later on revised to PB-3 the pay scale of Rs. 10,230 34,800/- with grade pay of Rs. 4,600/- with retrospective effect from 02.01.2012 in terms of sub-Rule-2 of Rule-30 of the Tripura Audit & Accounts Service Rules, 2017, as all the writ petitioners did complete their 4 years of regular and continuous service on that day. 10. Now the petitioners, according to Mr. S. Deb, learned counsel appearing for the petitioners has become eligible for appearing in the departmental examination for promotion to the Grade-IV of the said service. But as the respondents are not holding the departmental examination, the petitioners did not get the opportunity of clearing the examination to acquire eligibility for promotion to the Grade-IV of the said service. 11. Since on 03.01.2017, all the petitioners have completed their qualifying service of 5 years in the Grade-V [senior scale] they are entitled to appear in the departmental examination. 11. Since on 03.01.2017, all the petitioners have completed their qualifying service of 5 years in the Grade-V [senior scale] they are entitled to appear in the departmental examination. In view of that, the respondents are directed to hold the departmental examination within a period of 6 (six) months from the date when the petitioners shall submit a copy of this judgment and order and proceed for promotion to the Grade-IV of the said service immediately thereafter. With these observations and direction, these petitions are allowed to the extent as indicated above. There shall be no order as to costs.