Jakir Hossain vs The State Of Tripura
2021 Latest Caselaw 884 Tri

                              1




                   HIGH COURT OF TRIPURA
                         AGARTALA
                       WP(C) No.100 of 2020
Jakir Hossain, son of Achanulla Mia,
(Assistant Controller, Legal Metrology Organisation, Food, Civil Supplies
and Consumer Affairs Department) a resident of Town Sonamura, P.O. +
P.S. Radhakishorepur, District- Gomati, Tripura, PIN- 799120
                                                           .....Petitioner
                      -VERSUS-
1.    The State of Tripura,
represented by the Secretary, Food, Civil Supplies and Consumer Affairs
Department, Government of Tripura, Civil Secretariat, Secretariat
Complex, Kunjaban, P.O. Secretariat-799006, Agartala, West Tripura.
2.    The Secretary, Finance Department, Government of Tripura, Civil
Secretariat, Secretariat Complex, Kunjaban, P.O. Secretariat-799006,
Agartala, West Tripura.
3. The Controller, Legal Metrology Organisation, Food, Civil Supplies
and Consumer Affairs Department, Pandit Nehru Complex, Gurkhabasti,
P.O. Kunjaban-799006, Agartala, West Tripura.
                                                    ....Respondents

WP(C) No.101 of 2020 Sri Ramprasad Chowdhury, son of late Sukumar Chowdhury, (Assistant Controller, Legal Metrology Organisation, Food, Civil Supplies and Consumer Affairs Department) a resident of Renter's Colony, P.O. Renter's Colony-799004, Agartala, West Tripura.

......Petitioner

-VERSUS-

1. The State of Tripura, represented by the Secretary, Food, Civil Supplies and Consumer Affairs Department, Government of Tripura, Civil Secretariat, Secretariat Complex, Kunjaban, P.O. Secretariat-799006, Agartala, West Tripura.

2. The Secretary, Finance Department, Government of Tripura, Civil Secretariat, Secretariat Complex, Kunjaban, P.O. Secretariat-799006, Agartala, West Tripura.

3. The Controller, Legal Metrology Organisation, Food, Civil Supplies and Consumer Affairs Department, Pandit Nehru Complex, Gurkhabasti, P.O. Kunjaban-799006, Agartala, West Tripura.

....Respondents.

For Petitioner (s ) : Mr. G.S. Bhattacharjee, Advocate For Respondent (s) : Mr. D. Sharma, Additional GA Date of hearing & delivery : 10.09.2021 of judgment & order Whether fit for reporting : Yes / No HON'BLE MR. JUSTICE ARINDAM LODH JUDGMENT & ORDER

1. Heard Mr. GS Bhattacharjee, learned counsel appearing for the petitioners. Also heard Mr. D. Sharma, learned Additional GA appearing for the State-respondents.

2. Both the writ petitions have been taken up and heard together for final disposal by way of this common judgment since common questions of law and facts are involved.

3. The petitioners are holding the post of Assistant Controller, the promotional post of Inspector under Legal Metrology Organization. Their grievance is that by virtue of 13th Amendment of Tripura State Civil Services (Revised Pay) (13th Amendment) Rules, 2015, they are drawing less pay than the Inspectors.

4. The principal controversy revolves around is that, whether the petitioners being senior all along and holding the higher post would get lesser pay than those of the officers who are holding the post of lower rank (Inspector), under the respondents.

5. Mr. Bhattacharjee, learned counsel for the petitioner has submitted that there is serious anomaly in framing the Rules, and that anomaly is to be rectified immediately. .

6. Mr. Sarma, learned Additional GA, appearing for the respondents, inviting my attention to the counter affidavit has submitted that pay fixation of the Inspectors serving under the respondents was made in compliance with the order of this court. A Committee was formed by the Finance Department to examine the matter, and thereafter, pay scale of the post of Inspector, Legal Metrology Organization, was upgraded from PB-2 (Rs. 5700-24000/-) with

Grade Pay of Rs. 4200 to PB-3 (Rs.10,230-34,800/-) with GP of Rs. 4400/- vide Tripura State Civil Service (Revised Pay) (13th Amendment) Rules, 2015 giving notional effect from 01.01.2006 and financial benefit from the date of notification of the revised Recruitment Rules for the post in the official gazette. The revised RR was published in the Gazette on 21.06.2016. Accordingly, pay of the incumbent Inspectors of Legal Metrology as on 01.01.2006 including the petitioners were refixed under the amended Rules.

7. It has been curled out from the submission of the learned counsel appearing for the parties to the list, that after giving effect of 13th Amendment of Tripura State Civil Services (Revised pay) (13th Amendment) Rules, 2015, w.e.f. 01.01.2006, the petitioners as on 20.06.2016 were provided with basic salary of Rs. 22,550/-, in GP 4600/-, but, after the effective date of 13th Amendment of ROP Rules, the basic salary of the petitioners became Rs. 21,940/-, with GP 4600/-, whereas, the Inspectors under the respondents were provided with basic salary of Rs. 22,810/-, GP 4800/-, PB-3 (10,230-34,800/-) w.e.f. 21.06.2016. Moreover, the status of the petitioners as on 01.07.2019 was at level-12 of the ROP Rules, 2017, having PB-3 (10,230-34,800/-) and the status of the Inspectors was level-13 of the ROP Rules, 2017, though the petitioners were holding the promotional post of Assistant Controller under the respondents. For convenience, the anomalies that cropped up after the effective date of 13th Amendment ROP Rules, 2009, may be shows as follows:-

Sl.No. Names & post holding Date of Basic pay as Grade Pay joining on 21.06.2016 1 Jakir Hossain, Asstt. 03.07.1997 Rs. 21,940/- Rs. 4600/-

                Controller                                              Level-12
         2.     Subrata Kumar Biswas, 17.12.1997          Rs. 22,810/-  Rs. 4800/-
                Inspector                                               Level-13
         3.     Souvik Bardhan,       21.12.1999          Rs. 22,770/-  Rs. 4800/-
                Inspector                                               Level-13

8. Mr. Bhattacharjee, learned counsel has submitted that after detection of such anomaly, the petitioners submitted representation on 26.08.2015 requesting the respondents to remove those anomalies, as cropped up under 13 th

Amendment of the ROP Rules, 2009, since the petitioners were holding the higher post than those of their juniors as Inspectors. In other words, the officers holding the feeder posts of the promotional post of the petitioners have been enjoying better salary and emolument under the 13th Amendment of the ROP Rules, 2009, but, said representations were not disposed of. Having found no response, the petitioners again submitted representations on 25.03.2017 to the respondents for removal of the anomalies in the pay-scale (Annexure 12 and 12/1 of the writ petition). After receipt of the representations, the authority concerned i.e. the Controller of the Legal Metrology and the Additional Secretary, Government of Tripura admitted the fact and truth of the anomalies cropped up after the 13th Amendment of the ROP Rules, 2009, which was given effect from 01.01.2006, and recommended the Principal Secretary of the Expert Committee of the Government of Tripura by letter dated 13.04.2018 (Annexure 13 to the writ petition) for removal of the anomalies alongwith his suggestion.

Mr. Bhattacharjee, has further submitted that the Finance Department, Government of Tripura by notification dated 11.10.2018 accepted the truth of the anomalies cropped up during 13th Amendment of ROP Rules, 2009, and also assured examination of the same for removal of the said anomalies, but, till today the petitioners did not receive any response from the part of the respondents causing recurring financial loss to the petitioners. Ultimately, the petitioners by way of approaching this court has claimed their fixation of pay after removing the anomalies w.e.f. 01.01.2006

9. In my opinion, the petitioners are entitled for pay fixation giving the said benefits w.e.f. 01.01.2006 i.e. date of enforcement of 13th Amendment of ROP Rules, 2009.

10 From the aforesaid facts, it has come to fore that the petitioners being senior to the officers holding the post of Inspectors have been receiving lesser pay than their juniors who had been receiving higher salary in view of granting of higher grade pay under 13th Amendment, ROP Rules, 2009.

11. It is settled law that a senior cannot be paid lesser salary in any manner whatsoever or on any ground whatsoever than his juniors. In such a case, anomalies should not have been allowed to be continued, instead such anomalies should have been removed rectifying the anomalies and by way of stepping up the pay of the petitioners. The petitioners have been receiving lesser pay in view of enhanced grade-pay allowed to their juniors, is admitted position. As such, I direct the respondents to examine the matter and remove the anomalies.

12. Accordingly, the respondents are directed to examine the matter afresh, and remove the anomalies after rectification of the relevant Rules made in the 13th Amendment, ROP Rules, 2009 fixing the pay of the petitioners w.e.f. 01.01.2006. It is further directed that the respondents shall complete the entire exercise within a period of 4 (four) months from the date the respondents shall receive a copy of this order. The respondents shall also look into the matter of level pay of the Inspectors i.e. feeder post of Assistant Controller is level-13, and the level pay of the petitioners is 13 and this also has to be enhanced. So, naturally the level pay of the petitioners should be enhanced to level-13.

13. In the result, the instant writ petitions stand disposed of in the above terms.

Pending application(s), if any, also stands disposed of.

JUDGE

Saikat