Libertatem Magazine

High Court of Tripura Grants Benefits of the Pay Scale

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Several petitions regarding the dispute with granting of the benefit of pay scale on completion of 10 years of service and further upon completion of 17 years of service without promotion. Since the petitions were similar to a common issue, the Court passed a single judgment for all the petitions

Facts of the case

All petitioners had similarly retired from Government service as Inspectors of Police. In one of the cases the widow of Hiralal Acharjee who was the Police Sub Inspector and who died while in service has filed seeking benefits. The petitioner was appointed as Head Constable within the police department 16th June 1967. He was promoted to the post of SubInspector of Police on 2nd December 1982. with none further promotion he retired from service on superannuation w.e.f. 30th September 2003. His grievance is under Tripura officialdom on Revised Pay Rules.

In the case of the State of Tripura and Ors. Vs. Sri Tarun Chandra Dey filed by the State Government to challenge the judgment of the District Court in an appeal against the decision of the trial Court. While dismissing the second appeal by a judgment dated 10th January 2006, the learned Single Judge upheld the view of the lower appellate Court that the Sub Inspectors of Police in the State of Tripura were entitled to the scale of pay of Rs.1,450-3,710/- w.e.f. 1st January 1986 and thereafter the scale of pay of Rs.7,450-13,000/- in the revised pay scale.

In Shri Ajit Kumar Sinha Vs. The State of Tripura, the court again faced similar issues. Gouranga Debnath who was an element of the group of the petitions disposed of in the case of Ajay Mallik filed a review petition before the learned Single Judge pointing out that there was an unintentional oversight were by way of second scale upgradation, the petitioners would be placed within the pay scale of Rs.2,000-4,410/

This decision in the case of Ajay Mallik was challenged by the Government before the Division Bench where The judgment of the learned Single Judge was confirmed. . However, concerning the grant of arrears of pay based on correct pay fixation as provided in the review judgment of the learned Single Judge.

The decision of the Court

The Court after reviewing all the petitions and their linkages Court came to the decision that all the petitioners would be placed on the scale of pay of Rs.1,450-3,710/- w.e.f. 1st January 1986 or from the date of entry in the cadre and further stated that the petitioners shall receive no benefits till the date of filing of the petitions but are entitled to receive the same after the filing of the petitions.

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