Tripura High Court
Sri Kanchan Datta Chowdhury vs The State Of Tripura on 29 May, 2023
Page 1 of 6
HIGH COURT OF TRIPURA
AGARTALA
WP(C) No.815/2022
Sri Kanchan Datta Chowdhury, S/O. Late Paritosh Datta Chowdhury,
Amarpur, Arabinda Palli, P.O. Amarpur, P.S.-Birganj, District-Gomati,
Tripura, PIN-799101.
......... Petitioner(s).
VERSUS
1. The State of Tripura, to be represented by the Secretary to the
Government of Tripura, Department of Agriculture, Secretariat Building,
New Capital Complex, Agartala-799010.
2. The Director of Agriculture, Department of Agriculture and Farmer's
Welfare, Old Secretariat Complex, Akhaura Road, Agartala-799001.
3. The Superintendent of Agriculture, Amarpur Agri-Sub-Division,
Amarpur, District-Gomati, PIN-799101.
.........Respondent(s).
For Petitioner(s) : Mr. Soumen Saha, Advocate.
For Respondent(s) : Mr. Mangal Debbarma, Addl. G.A.
HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH
Date of hearing and judgment: 29th May, 2023.
Whether fit for reporting : NO.
JUDGMENT & ORDER(ORAL)
Heard Mr. Soumen Saha, learned counsel appearing for the
petitioner and Mr. Mangal Debbarma, learned Addl. Government Advocate
appearing for the respondents.
2. Petitioner's only grievance is that after promotion his salary has
not been properly fixed as there is not even an increase of single rupee in his
salary. He was appointed on 02.12.1987 as Agri-Assistant and is on the
verge of retirement on 30.09.2023. Though the petitioner did not get any
promotion for long but he was getting pay benefits as per Government
Policy and his roll of basic pay was Rs.62,600/- at the time of being
promoted to the post of Agri-Inspector vide order dated 15.02.2022. The
petitioner was promoted (Sl. No.19) along with 440 others on Ad-hoc basis
to the post of Agri-Inspector/Horti Inspector/Compost Inspector (TAFS
Grade-II) in the scale of pay of Rs.5,700-24,000/- with Grade Pay of
Rs.4,200/- + usual allowances. It was also indicated that Ad-hoc promotion
of the incumbents shall remain, subject to final outcome of the SLP(C)
No.28306 of 2017 and other Special Leave Petitions pending before the
Apex Court.
3. Mr. Soumen Saha, learned counsel for the petitioner, submits
that on the order of promotion, there are four different categories of
employees, some of whom have just become eligible to get promotion after
10 years of service and those employees were at the roll of basic pay of
Rs.24,000/-; whereas the second category of employees who got promotion
were at the roll of basic pay of Rs.31,200/-; the third category of the
employees who got promotion were at the roll of basic pay of Rs.57,300/-
and the last category of the employees i.e. the senior most Agri-Assistants
including the petitioner, who got promotion as Agri-Inspectors, were at the
roll of basic pay of Rs.62,600/-. The respondents have fixed the present pay
of the promoted employees whimsically without following the Pay Fixation
Norms. According to the petitioner, his present basic pay should have been
fixed at Rs.1,00,500/- but has been kept at Rs.62,600/- even after promotion
which is much less. As such, he was compelled to approach this Court with a
prayer to direct the respondents No.1 to 3 to pay him the correct salary in his
correct pay scale with allowance for the post of Agri-Inspector with effect
from the period of February, 2022 as per calculation chart at Annexure-3.
4. The respondents have appeared and filed their counter
affidavit. At paragraph-4 they have contested the plea of the petitioner and
made the following statement:
"That, in reply to para 1 to 6 of the writ petition, I say
that according to the service book of the petitioner, he had
joined in service on 02.12.1987 in the pay scale of Rs.430-
850/- which was subsequently revised to Rs.3300-7100/-
under ROP Rules, 1988. The date of birth of the petitioner is
recorded as 19.09.1963 in the service book and accordingly,
the petitioner will be retired on superannuation on
30.09.2023, not 31.10.2023 as stated in the writ petition.
After completion of 10 years of service without
promotion the petitioner was allowed first graded scale
treated as CAS-I on 02.12.1997 in the scale of Rs.4000-
7890/- under ROP Rules, 1999, and subsequently in the
graded scale of Rs.4200-8650/- w.e.f. 02.12.2004. The pay
of the petitioner has been fixed of Rs.5280/- as per the
provision of Rule 10 of ROP Rules, 1999 and thereafter,
benefit of 3rd ACP under ROP Rules, 2009 has been given in
the Pay Band-2, pay scale of Rs.5310-2400/- with Grade pay
of Rs.2100/- (pre revised). Subsequently, the petitioner also
got benefit under Pay band-2, pay scale of Rs.5700-24000/-
with Grade pay of Rs.4200/- as per the ROP Rules, 2015
(12th Amendment of ROP-2009). Finally, the petitioner has
got promotion in the post of Agri. Inspector under TAFS
Grade-II on Ad-hoc basis in the same scale and Grade pay
w.e.f. 15.02.2022 as the petitioner already availed the same
Grade pay in same scale and his pay has been fixed as per
ROP Rules, 2017 and subsequent amendments. So, there is
no anomaly in pay fixation of the petitioner.
Copy of relevant documents for movement of pay
scales in respect of the petitioner is annexed herewith and
marked as ANNEXURE-R/1."
5. Learned counsel for the respondents-State submits that the
promotion to the post of Agri-Inspector under TAFS Grade-II on Ad-hoc
basis is in the same scale and Grade Pay w.e.f. 15.02.2022 as the petitioner
had already availed the same Grade Pay in same scale as per ROP Rules,
2017 and subsequent amendments. So, there is no anomaly in pay fixation of
the petitioner.
6. Learned counsel for the petitioner submits that the calculation
of the admissible pay of the petitioner is in the domain of the concerned
department and his grievances may be directed to be redressed in an
appropriate manner.
7. On consideration of the pleadings on record and rival
submissions of the parties, it appears that the petitioner has from time to
time been granted upgradation as CAS-I on 02.12.1997 after completion of
10 years of service in a scale of Rs.4000-7890/- in terms of ROP Rules,
1999 and thereafter in the graded scale of Rs.4200-8650/- w.e.f. 02.12.2004.
The petitioner's pay was fixed at Rs.5280/- as per Rule 10 of ROP Rules,
1999 and he has also got the benefit of 3rd ACP under ROP Rules, 2009 in
Pay Band-2 in the pay scale of Rs.5310-2400/- with Grade Pay of Rs.2100/-
(pre revised). Petitioner has subsequently got the benefit of Pay Band-2 in
the pay scale of Rs.5700-24000/- with Grade Pay of Rs.4200/- as per the
ROP Rules, 2015. Now, that he has got Ad-hoc promotion in the post of
Agri-Inspector under TAFS Grade-II w.e.f. 15.02.2022, petitioner is already
in the same Grade Pay in the same scale as per pay fixation under ROP
Rules, 2017 and its amendments.
8. In the aforesaid background and chronology of facts, since the
pay fixation is in the domain of financial experts of the concerned
department and petitioner has not been able to explicitly show any case of
discrimination or arbitrariness in the pay fixation, this Court is not inclined
to grant any relief in such matter.
9. Accordingly, the writ petition is dismissed.
Pending application(s), if any, also stands disposed of.
(APARESH KUMAR SINGH), CJ
Date: 2023.05.30
PULAK BANIK 16:25:55 +05'30'
