Ranjit Debbarma, S/o. Lt. Haricharan Debbarma v. State of Tripura, represented by the Secretary & Commissioner to the Government of Tripura, Department of Finance
2018-10-05
AJAY RASTOGI
body2018
DigiLaw.ai
ORDER : The present batch of writ petitions are being filed by the employees who are pre 01.01.1996 appointee Sub-Inspectors and their grievances are that the pay scales which they are entitled for on completion of ten years and further seven years of service under the Career Advancement Scheme (for short ‘CAS’) has been denied to them. 2. It is not disputed that the selfsame controversy raised by the present batch of writ petitioners have been earlier examined by the Coordinate Single Bench of this Court in the batch of writ petitions and that came to be decided vide judgment dt.20th February, 2017 and this Court considers it appropriate to quote Para 18 of the judgment which is relevant for the present purpose is reproduced hereunder: “18. Now this court will consider the submissions in respect of the remaining writ petitions in this batch. In view of the two decisions as referred above, this court is inclined to declare that the initial pay of the Sub-Inspectors of police (Armed and Un-armed/SI of police (Border Wing)] or Supervisor shall be borne in the same level fixed in the scale of pay of Rs.1450-3710 with effect from 01-01-1986 and they are entitled to the said pay scale in terms of the fixation formula as provided in the ROP Rules, 1988 and with effect from 01-01-1986 or from the date of their respective appointments. It is further clarified that on completion of their ten years of service in the post of Sub-Inspector of Police without any promotion they will be entitled to the movement to the scale of pay of Rs.1700-3980/-. Thus, instead of their initial pay being fixed in the scale of pay of Rs.1300-3220, their initial pay shall be fixed in the scale of pay of Rs.1450-3710/-. It is further declared that on completion of ten years of service, in the scale of pay of Rs. 1450-3710/-in the post of Sub-Inspector of Police without any promotion, the petitioners shall be moved the scale of pay of Rs.1700-3980/-or its corresponding scale of pay of Rs.7450-13000/-under the ROP Rules, 1999 [see judgment dated 10.01.2006] and the petitioners would be entitled to the scale of Rs.2000-4410/-and its corresponding revised scales by way of movement if the petitioners continued in the post of Sub-Inspector of Police without any promotion on completion of seventeen years of service without any promotion.
Even thereafter, if the petitioners are entitled, they will be entitled to get the benefits of Career Advancement Scheme (modified) with effect from 01.01.1999 under Section 10 of the ROP Rules, 1999. The petitioners who were appointed after 01.01.1996 shall wholly be guided by the ROP Rules, 1999. As there is no challenge against any provision of the ROP Rules their writ petitions being bereft of merit are dismissed. However, this observation shall not create any embargo in their approaching the court, if they are aggrieved by any provisions of the said ROP Rules, 1999 and they are permitted to do so.” 3. It has been informed that after passing of the judgment dt.20th February, 2017, a review petition No.29/2017 was filed and that has been decided vide order dt.9th November, 2017 and Para 18 which has been referred to was reframed and that has been extracted by Para 7 of the judgment in review which is reproduced hereunder: “It is further declared that on completion of ten years of service, in the scale of pay of Rs. 1450-3710/-in the post of Sub-Inspector of Police without any promotion, the petitioners shall be moved the scale of pay of Rs.1700-3980/-or its corresponding scale of pay of Rs.7450-13000/-under the ROP Rules, 1999 [see judgment dated 10.01.2006] and the petitioners would be entitled to further advancement in due course on completion of 7(seven) years of continuous service in the grade of Sub-Inspector and in the scale of pay of Rs.7450-13000/-to the scale of pay of Rs.3000-5000/-(pre-revised) and its corresponding revised scale of Rs.10,000-15100/-as rendered by the judgment dated 28-05-2015 delivered in WP(C) No.259 of 2006 [Shri Ajit Kumar Sinha versus The State of Tripura & Others.]” After passing of the review order and directions of the Court, this has been replaced in the main judgment delivered by the court dt.20th February, 2017. 4.
4. Counsel for the petitioner submits that the present batch of writ petitioners are similarly situated and it has been informed by the petitioner’s counsel that against the judgment on which he has placed reliance came to be challenged by the State Government in Special Leave to Appeal No.21037/2015 and that has been dismissed by the Apex Court at the motion stage vide order dt.7th December, 2015 and after dismissal of the special leave to appeal by the Apex Court, the State Government has implemented the order in respect of the writ petitioners who approached this court by filing their respective writ petitions of which reference has been made. 5. Counsel for the petitioner submits that the question is no more res integra and the present batch of writ petitioners being similarly situated are entitled to the same relief mutatis mutandis which has been granted by this court for the revision of pay scales under the Career Advancement Scheme on completion of ten years and further seven years of service in the scale of Inspector and Deputy Superintendent of Police. 6. The factual matrix of the matter as referred to above has not been disputed by the respondent’s counsel. Although earlier when such matters came up before the Court there was slight opposition but after that batch has been decided by this Court, no further objections on merits have been raised by the respondents counsel. 7. After having heard counsel for the parties, it is not disputed that the issue has been decided this court directing the pay scale which became admissible to the employees who are pre 01.01.1996 appointee Sub-Inspectors on completion of their ten years and further seven years of service in the scale of Inspector and Deputy Superintendent of Police respectively, in terms of the judgment. 8. Consequently, the present batch of writ petitions stands disposed of in the same terms of which a detailed reference has been made and all the writ petitioners are entitled for the revision of their pay scales on completion of ten years and further seven years of service in the scale of Inspector and Deputy Superintendent of Police mutatis mutandis as being granted to the writ petitioners who earlier approached this court which has been decided vide judgment dt.20-02-2017 read with a modification made in the review application by a later order dt.09-11-2017.
This court further directs the respondents to ensure compliance of the order and make the payment of arrears to the employees/writ petitioners within four months. No cost.