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2021 DIGILAW 97 (TRI)

Bikash Ch. Datta v. State of Tripura

2021-07-14

AKIL KURESHI, S.G.CHATTOPADHYAY

body2021
JUDGMENT Akil Kureshi; CJ.:-- This Appeal is filed by the original petitioners to challenge the judgment of the learned Single Judge dated 07.01.2021 in W.P. (C) No.366 of 2018. 2. Brief facts are as under: The appellants-original petitioners were appointed as Observer/Recorder in the Department of Science, Technology and Environment in the Government of Tripura by way of direct recruitment. The pay scale attached to the post at the time of entry of the petitioners was Rs.970-2400/-. The Government of Tripura appointed 4th Pay Commission for making recommendations for revision of the pay scales of the Government employees. It appears that the revised pay scale to the existing scale of Rs.970-2400/- recommended by the Commission was Rs.3200-6030/-. However, the Pay Commission had recommended that the Observers/Recorders in Department of Science, Technology and Environment may be placed in the revised pay scale of Rs.3300-7100/-. The Government of Tripura examined the recommendations of the 4th Pay Commission and implemented the same with certain modifications by way of Revision of Pay Rules, 1999 made effective from 1.1.1996. The revised pay scale granted to the Observers/Recorders was Rs.3200-6030/-, which was not in tune with the 4th Pay Commission recommendations but in the scale corresponding to their pre-revised scale of Rs.970-2400/-. 3. The petitioner, therefore, approached this Court by filing W.P. (C) No.329 of 2014 and agitated their claim for higher pay scale of Rs.3300- 7100/- with effect from 01.01.1996. 4. During the pendency of this petition, the Department also seems to have undertaken the exercise of examining this aspect which the petitioners would like to project as a pay anomaly. This along with other issues arising out of ROP, 1999 resulted into promulgation of 15th Amendment in the ROP under a Notification dated 17.11.2004. Under this 15th Amendment, Observer/Recorder in the Department of Information, Cultural Affairs and Tourism was granted the scale of pay of Rs.3300- 7100/-. There is no dispute that in the Department of Information, Cultural Affairs & Tourism, there was no post of Observer/Recorder. The petitioners, therefore, contend that this portion of 15th Amendment related to their pay scales. According to the petitioners, Government desired to modify the pay scales of Observer/Recorder in the Department of Science, Technology & Environment from the inception of the ROP, 1999. 5. The petitioners’ first petition before the High Court came to be decided by a judgment dated 17.08.2017. According to the petitioners, Government desired to modify the pay scales of Observer/Recorder in the Department of Science, Technology & Environment from the inception of the ROP, 1999. 5. The petitioners’ first petition before the High Court came to be decided by a judgment dated 17.08.2017. The Court was of the opinion that the Department should reconsider the issue. It was noticed that the Finance Department had promised that the concerns to the petitioners would be referred for consideration before the new Pay Commission, which would be set up in due course. However, no such Commission was set up and the grievances of the petitioners, remained unanswered. The Court, therefore, directed that the Government should reconsider the issue and take a fresh decision. 6. The Government was unwilling to grant the higher pay scale to the petitioners. Under a communication dated 17.03.2018, this was conveyed to the petitioners. It was stated that the Finance Department had examined the proposal for up-gradation of the pay scale, however, the request was regretted. The petitioners thereupon filed second petition W.P. (C) No.366 of 2018 before the High Court and reiterated the prayer for grant of higher pay scale of Rs.3300-7100/- with effect from 01.01.1996. This petition was opposed by the respondents. In an affidavit-in-reply dated 04.01.2021 filed by the Deputy Secretary of Finance Department, Government of Tripura the stand taken was that the Government had constituted 4th Pay Commission as well as anomaly committee. The Pay Commission had recommended the revised pay scale of Rs.3300-7100/- for the post of Observer/Recorder. The anomaly committee had recommended maintaining the existing scale of Rs.970-2400/- and to grant corresponding revised pay scale as per the new pay Rules. The Government examined the proposals and decided not to upgrade the scale of pay of the Observer/Recorder. It is pointed out that under the ROP, 1999, pre-revised scale of Rs.970-2400/- is fitted against the revised scale of Rs.3200-6030/-, which is what was granted to the petitioners. It is further stated that after disposal of the writ petition by this Court by a judgment dated 17.08.2017, the Finance Department had examined the entire matter afresh and it was found that the petitioners were not entitled to get the pay scale of Rs.3300- 7100/-. 7. It is further stated that after disposal of the writ petition by this Court by a judgment dated 17.08.2017, the Finance Department had examined the entire matter afresh and it was found that the petitioners were not entitled to get the pay scale of Rs.3300- 7100/-. 7. The learned Single Judge by the impugned judgment dismissed the petition holding that the Court cannot issue directions for grant of a particular pay scale to a Government servant upon which the petitioners have filed this Appeal. 8. Learned counsel, Ms. Aradhita Debbarma, appeared for the appellants-original petitioners. She painstakingly took us through the entire materials on record and contended that: (i) the 4th Pay Commission had recommended pay scale of Rs.3300-7100/- to the Observer/Recorder of the Department of Science, Technology & Environment. The Government while framing the ROP, 1999, however, placed them in the scale of pay of Rs.3200-6030/- which was a clear anomaly and should have been removed. (ii) She contended that the Government also had agreed to this position and it was because of that, under the 15th Amendment of ROP, 1999, it was provided that the pay scale of the Observer/Recorder would be revised to Rs.3300-7100/- with effect from 01.01.1996. In the process, however, an error was committed since the said post was shown in the Department of Information, Cultural Affairs and Tourism whereas in the said Department, no such post existed which has also been admitted by the respondents. Clearly, therefore, reference to the Observer/Recorder for the purpose of up-gradation of the scale in the 15th Amendment was to the petitioners who were Observer/Recorder in the Department of Science, Technology & Environment. Instead of correcting this error, despite the recommendation from the High Court, the Department refused to grant the petitioners higher pay scale. (iii) The counsel submitted that in view of such facts, the learned Single Judge ought to have directed the respondents to assign proper pay scale to the petitioners. 09. On the other hand, Mr. Mangal Debbarma, learned Additional Government Advocate, opposed the Appeal and supported the judgment of the learned Single Judge contending that in the matters of pay scales, the Court should not interfere unless a clear case of arbitrariness or illegality is pointed out. 10. We must admit we are rather impressed by the manner in which Ms. Aradhita Debbarma has argued this case. However, we are not impressed by her arguments. 10. We must admit we are rather impressed by the manner in which Ms. Aradhita Debbarma has argued this case. However, we are not impressed by her arguments. The record would suggest that the Observer/Recorder in the Department of Science, Technology & Environment initially carry the pay scale of Rs.970-2400/- (pre-revised). Under ROP, 1999, scale of Rs.3200-6030/- corresponded to pre-revised scale of Rs.970-2400/-. This is the scale which is also assigned to the petitioners. It is true that the Pay Commission had recommended next higher scale for Observer/Recorder of Rs.3300-7100/-. However, this recommendation was not accepted by the Government. Government was of the opinion that the Observer and Recorder should also get the same revised pay scale like all other employees carrying the pre-revised scale of pay of Rs.970-2400/-. 11. The petitioners do not have any vested right to insist that a particular pay scale must be granted to them. It is equally well settled that the recommendations of the Pay Commission set up by the Government are not binding. The Government can always for proper reasons and upon matured consideration, deviate from the recommendations made by the Pay Commission. It is true that the 15th Amendment of ROP, 1999, there is a reference to the scale of pay of Rs.3300-7100/- for Observer/Recorder in the Department of Information, Cultural Affairs and Tourism and there was no such post in the said Department. However, it is not possible to presume or to extrapolate this amendment as to be applicable to the Observer/Recorder of the Department of Science, Technology & Environment. This is for multiple reasons. Firstly, the rules have statutory force and must be read as they exist. Secondly, the recommended pay scale of Rs.3300-7100/- is for “Observer/Recorder [not included in TSCS (RP) Rules, 1999]”. This would indicate that the higher pay scale of Rs.3300- 7100/- was meant for Observers or Recorders who are not included in ROP, 1999. This would exclude the petitioners. The reference to the revised scale of Rs.3200-6030/- in the said amendment is merely for the purpose of fitting pre-revised scale of Rs.970-2400/- in the revised scales. All in all, this amendment which never became effective because it referred to the post of Observer/Recorder in a Department in which it never existed would not enable the petitioners to claim the said higher pay scale. 12. All in all, this amendment which never became effective because it referred to the post of Observer/Recorder in a Department in which it never existed would not enable the petitioners to claim the said higher pay scale. 12. We have referred to the affidavit-in-reply filed by the State in response to the writ petition filed by the petitioners in order to demonstrate that from the beginning all along the Government was not inclined to grant one scale up-gradation to the Observer/Recorder of the Department of Science, Technology & Environment under ROP, 1999. Though the Pay Commission had recommended such up-gradation, what the Government provided under the ROP was granting of the corresponding pay scale of Rs.3200-6030/- which corresponded to the pre-revised scale of Rs.970- 2400/- to the Observer/Recorder of the Department of Science, Technology & Environment. 13. In the result, Appeal is dismissed. Pending application(s), if any, also stands disposed of.