Anil Sutradhar vs State Of Tripura And Ors

[1] The petitioner has challenged the action of the State authorities in not granting the benefit of 3rd Assured Carrier Progression ('ACP' for short) in terms of Revision of Pay Rules, 2009. According to the petitioner, as per the scheme framed by the Government under the same ROP, he was entitled to 3rd ACP w.e.f 25th September, 2012 in the pay scale of Rs.5,300-10-24,000/- with Grade Pay of Rs.2,100/-. The respondents having denied the said benefit this petition is filed.

[2] Facts in brief are as under :

The petitioner joined the State service on the post of Carpenter on 25th September, 1987 in the pay scale of Rs.400-775/- under the Public Works Department(PWD). Pursuant to Tripura Civil Service (Revised Pay) Rules, 1988 ('ROP, 1988' for short) w.e.f 1st January, 1986 the post in question was re-designated as Junior Carpenter and was assigned the pay scale Rs.970-2400/- under the PWD. In terms of ROP 1999, upon completion of 10(ten) years of continuous service without promotion, the petitioner was placed in the revised scale of Rs.4,000-7890/-. Upon completion of 7(seven) years of further service, the petitioner was granted the benefit of 2nd upward movement in the pay scale. He was placed in the scale of Rs.4200-8650/- w.e.f 25th September, 2004. According to the petitioner, in terms of ROP 2009, he was entitled to the benefit of 3rd ACP (the Carrier Advancement Scheme was now re-designated as Assured Carrier Progression from previously referred to as Carrier Advancement Scheme) upon completion of 25 years of service without promotion. Consequently, according to the petitioner, he ought to have been placed in the revised scale of Rs.5310-24000/- with Grade Pay of Rs.2400/- w.e.f. 25th September, 2012. The petitioner made representation and correspondence to the department. Since his request was not granted he filed this petition.

[3] The respondents have resisted the petition. They have filed an affidavit-in-reply dated 20th December, 2017. The crux of the defence of the respondents emerging from the said affidavit-in-reply is as under :

"6. Sans unnecessary details, the case of the respondents was that the petitioner is not entitled to further scale advancement as 3rd CAS on completion of 25 years of service as he had been allowed movement from the scale of Rs.970-2400/- to 1250-2890/- by passing the intermediate scale of Rs.1020-2620. Hence in view of the clarification dated 14.9.2009 and the TSCS(Revise Pay)(Amendment) Rules 1999, he is not entitled to further advancement by way of CAS III.

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That, with regards Para 8 and 9 of the petition I submit that the petitioner was appointed as Junior Carpenter and joined in service on 25th September, 1987 in the revised scale of Rs.970-2400/- under TSCS (Revised Pay) Rules, 1988 and he was allowed the scale of Rs.1250-2890/- from 25 September, 1997 under TSCS (Revised Pay) Rules, 1988 on completion of his 10 years of service. But while doing so, the petitioner had overlapped the intermediary scale of Rs.1020-2620/- and as such, it was stated that the petitioner considered consumed two scale up-gradation though he was given CAS on completion of 10 years of service. By friction of law he was consumed two scale advancement during 10 years. This is more crystal clear from the clarification issued by the Finance Department vide memo dated 14.09.2009.

That, with regards the contention, made in Para 10 of the petition I beg to submit that the pay scale in ROP Rules, 1988 of Junior Carpenter was revised from Rs.970-2400/- to Rs.3200-6030/- from Rs.1250-2890/- to Rs.4000-7890/- for Carpenter and for Senior Carpenter from Rs.1300-3220/- to Rs.4200-8650/- in ROP Rules, 1999 new provision was inserted under Rule 10(b) and page No.13 of the Tripura State Civil Service (Revised Pay) Rules, 1999 which provided that where two or three scales have been shown against some categories of posts, these will be treated as promotion posts and movement to higher scale will be done on actual promotion, a copy of the relevant extract of page No.77, entry 24 of the ROP Rules, 1999 and Tripura State Civil Services (Revised Pay) (1st Amendment) Rules, 1999 are enclosed herein and they are marked as Annexure R/1 and R/2 respectively of this affidavit."

[4] In plain terms, the case of the Government is that upon completion of 10 years of service the petitioner was allowed the scale of Rs.1250-2890/- w.e.f. 25th September, 1997 under ROP, 1988. However, by doing so the petitioner had overlapped an intermediary scale of Rs.1020-2620/-. This, according to the department, amounted to the petitioner consuming 2(two) scale up-gradation, though the same was given in one single integrated exercise upon completion of 10 years of service by the petitioner.

[5] It is not necessary for me to dilate on this contention of the department since the issue is no longer res-integra. Identical issue, albeit in the context of some other cadres, came up before a learned Single Judge of this Court in WP(C) No.386/2015 and connected petitions in case of Sri Dilip Kumar Guha Vs. State of Tripura and others. By a judgment dated 3rd May, 2016 learned Single Judge held and observed as under :

"21. It is, therefore, evident that the respondents consciously issued Annexure-2 and Annexure-3 allowing first and second scale upgradation on completion of 10 years and 17 years of service and it is clear that 3rd scale upgradation pursuant to ROP Rules,2009 was not given to the petitioners.

As already stated hereinbefore the petitioners were in the lowest pay scale of Rs.970-2400/- as prescribed under ROP Rules, 1988 and on their completion of 10 years of service they were moved to the next higher scale of Rs.1250-2890/- as per graded scale No.28 of ROP Rules, 1988. Thereafter as per ROP Rules, 1999, the second CAS was allowed to the petitioners in accordance with the provisions prescribed in Rule 10 of ROP rules, 1999 and the petitioners were allowed the scale of Rs.4200-8650/-. As per Annexure-A of ROP Rules, 1999, the scale of Rs.4200-8650/- is the next higher scale of the corresponding revised scale of Rs.1250-2890/-. So, I find nothing to comprehend that the petitioners jumped one intermediate pay scale at the time when the pay scale of Rs.4200-8650/- was allowed to them.

As per ROP Rules, 2009 the petitioners are entitled to get 3rd ACP on their completion of 25 years of service w.e.f. 21.09.2012. As prescribed in Part C of ROP Rules, 2009 since the petitioners were already in the existing pay scale of Rs.4200-8650/- , i.e. the scale No.9 of Part C, on their completion of 25 years of service they were entitled to move to the next higher scale of Rs.5000-10,300/- i.e. the scale No.10 of Part C which was revised to Rs.5,310-24,000/- with grade pay of Rs.2400/-.

In view of the discussions made above, the writ petitions are allowed.

The respondents are directed to sanction 3rd ACP to the petitioners i.e. the next higher graded scale of Rs.4200-8650/-i.e. the scale of Rs.5000-10,300/- in Pay Band-2, revised pay of Rs.5310-24,000/- with Grade Pay of Rs.2400/-."

[6] The State had preferred appeal against the said decision of the learned single Judge. Writ Appeal No.111/2016 in case of The State of Tripura and Ors. Vs. Sri Thakurchan Debnath filed by the Government came to be dismissed by a judgment dated 17th July, 2019. In the said judgment, the Division Bench held and observed as under :

"15. We have given our anxious consideration to the submission made by the learned GA, but from reading of the relevant clarification as reproduced above, it appears that the case of the petitioner cannot be encompassed by the illustration/clarification as provided by the said memorandum dated 14.09.2009 (Annexure-R/1 to the reply filed by the appellant herein). The said clarification provides that an employee who entered in the pay scale of Rs.3300- 7100/- got promotion to the scale of Rs.4200-8650 and thereafter got CAS benefit and moved to the scale of Rs.5000-10300/- and after revision under ROP Rules, 2009 if on completion of 25 years of his service, claims to get the benefit of 3rd ACP for moving to the grade pay corresponding to the revised pay scale of Rs.5500-1700/- whether he would be entitled to the same. What has been clarified is that the claim of 3rd ACP in such cases is not admissible on the ground that while entering into the pre-revised pay scale of Rs.5300-10700/- the employee has consumed three scale upgradations, i.e. Rs.4000- 7090/-, Rs.4200-8650/- and Rs.5000-10300/-.

This illustration cannot be applied or imposed on the petitioner's case, inasmuch as the petitioner entered into the service in the scale of pay of Rs.970-2400/- as revised under ROP Rules 1988. Thereafter, the petitioner was moved to the scale of Rs.1250- 2890/- by the office order dated 01.07.1998 (Annexure-2 to the writ petition) w.e.f. 21.05.1998 as the first scale up gradation for his completion of 10 years of service.

Thereafter, by the office order dated 08.04.2005 (Annexure-3 to the writ petition), the petitioner was given 2nd scale up-gradation to the scale of pay of Rs.4200-8650/- under Rule 10B of ROP Rules,1999. It may be elucidated that the said upgradation was made as per Annexure-A to ROP Rules, 1999. The said scale of pay of Rs.1250-2890/- was revised Rs.4000-7890/- and the next scale above the said pay scale was Rs.4200-8650/- as per Annexure-A of ROP Rules, 1999.

Thus, it is apparent that as the writ petitioner (the respondent herein) did not get any promotion in the post, the said clarification as reproduced above cannot be applied in this case. The learned Single Judge was absolutely right in holding that on completion of 25 years of service, the petitioner was entitled to move to the scale of Rs.5310-24000/-with grade pay of Rs.2400/-.

We do not find any merit in this appeal and accordingly the same is dismissed.

The appellants, the respondents in the writ petition, shall give the effect of 3rd ACP from the date when the petitioner had completed 25 years of service i.e. 21.09.2012 or any other date as per record, within a period of 90 days from today and the arrear amount accruing from such movement shall be paid within the same stipulated time. In view of the pendency of the appeal, we are not inclined to direct payment of interest.

There shall be no order as to costs."

[7] The issues being squarely covered by the above-mentioned judgments of this Court, I have no hesitation in allowing the petition. It is directed that the respondents shall grant the benefit of 3rd ACP to the petitioner in the scale of pay(pre revised) Rs.5000-10300/- (corresponding revised scale of PB-2 Rs.5310-24,000/- with Grade Pay of Rs.2400/-) w.e.f 25th September, 2012. Such pay fixation shall be done with consequential effect. The petitioner shall be entitled to arrears of salary. Entire exercise including payment of arrears shall be completed within 4(four) months from today. Petition disposed of accordingly. Pending application(s), if any, also stands disposed of.