Bani Kantha Debbarma And Anr vs State Of Tripura And Ors

Heard Ms R Purakayastha, learned counsel appearing for the petitioner as well as Mr. S Ghosh, learned counsel appearing for the respondents.

These writ petitions, being WP(C)612/2017 [Sri Bani Kantha Debbarma Vs. State of Tripura & Ors.] and WP(C)1637/2017 [ Sri Dilip Kr. Deb & Ors. Vs. State of Tripura & Ors.] are consolidated for disposal by a common judgment inasmuch as in these petitions a common question awaits for decision of this Court.

The petitioner in WP(C)612/2017 is presently working as the Jailor under the Prison Directorate and the said post is borne in the Group-B Gazetted and in the pay scale of Rs.10230-34800 with grade pay of Rs.4400 (pre revised) as revised by the Tripura State Civil Services (Revised Pay) Rules, 2009. In terms of that pay scale, the pay review has been carried out in 2018. According to the petitioner, by placing the post of Sub-jailor in the lower pay scale in the advent of Tripura State Civil Services (Revised Pay) Rules, 1999, he has been pushed to undeserving deprivation.

By the notification under No. F.4(6)-FIN(PC)/97 dated 06.02.1999 (Annexure-D to the writ petition) the rules, which are framed, are called Tripura State Civil Services (Revised Pay) Rules, 1999. While making the classification of the government employees, in the third rules the government employees were classified in four groups like Group-A, Group-B, Group-C and Group-D in the following manner w.e.f. 01.01.1999:

Group-A: All posts carrying the pay scale of minimum of which is not less than Rs.15,100/-, Group-B: All Posts carrying pay scale of minimum of which is not less than 10,700/- but less than 15,100/-,

Group-C: All posts carrying pay scale of minimum of which is more than Rs.5,660/- less than or equal to Rs.10,700/-,

Group-D: All posts carrying pay scale the maximum of which is less than or equal to Rs.5,660/-.

From the pay scale of Jailors, it will be apparent that the pay scale has been revised to Rs.5500-10700 which is less than the minimum as prescribed in the classification of the appropriate grade. Hence, this post has fallen to Group-C posts, in contrast to its original status as provided in the recruitment rules. The petitioner had approached the respondents, but without any positive result.

By filing the writ petition being WP(C)286/2017, the petitioner along with others had approached this Court for granting them the appropriate pay scale as recommended by the Mullah Commission. At that time, however, the petitioner was a Sub-Jailor and as such he claimed for the pay scale as recommended for the said post. This Court while disposing of the said writ petition being WP(C)286/2017 by the judgment and order dated 07.02.2014 had directed the respondents to take care of the grievances of the petitioners by placing the same before the Anomaly Committee/ Review Committee, within a period of one month from that day and the Anomaly Committee/ Review Committee constituted by the government, should consider the grievance of the petitioner within three months from the date of receipt of the reference from the respondents No.2 and 3, by a reasoned order.

It has been further observed that if no Anomaly Committee/ Review Committee were in existence, then the respondents shall constitute a Anomaly Committee/ Review Committee by the experts for the instant case, so that the grievances of the petitioner can be evaluated and decided appropriately.

It appears that by the memorandum dated 31.10.2014 (Annexure-I to the writ petition) the matter was referred to the expert Anomaly Committee and they had recommended that the post of Sub-Jailor in the Home(Jail) Department deserves consideration for the modified higher pay structure, equivalent to the post of Sub-Inspector of police. But if the petitioners are provided with the modified higher revised pay structure which is identical to their promotion post the existing pay structure of the promotion post has to be altered, else it might affect the departmental hierarchy. Hence, Sub- Jailor or Jailor cannot be considered in isolation without considering the pay structure. So it appeared to the committee that the Pay Review Committee is the proper forum to take up such exercise.

The respondents by the memorandum dated 31.10.2014 had communicated to the petitioner that the government had referred the matter to the Pay Commission/Pay Review Committee for proper consideration. No change has taken place thereafter to remove the said anomaly.

Ms. R Purakayastha, learned counsel has further stated that all other posts borne in the Group-B gazetted are getting the higher pay scale. In the year 2018, their entry pay scale starts from Rs.47,600/- under the grade level Rs.4,800/-, whereas the petitioner in the WP(C)612/2017 is in the pay scale of Rs.37,600/- and under the grade level Rs.4,040/-. She has given a chart of the other posts like the Child Development Project Officer (CDPO), the Inspector of Police, Child Labour Officer (CLO), Superintendent, Assistant Director, Assitant Registrar, Assistant Electoral Officer, Assistant Employment Officer, Deputy Manager, Deputy Controller, Divisional Fire Officer of various departments and directorates. It is apparent therefrom that the only post, namely, the Jailor in the Prison Directorate is getting lesser pay scale in comparison to the other officers, borne in Group-B, in the year 2018.

Mr. S Ghosh, learned counsel at this juncture has submitted that the matter was referred to the Anomaly Committee and on due consideration the Committee had recommended as follows:

"The matter was referred to the Pay and Pension Revision Committee and the said Committee in their report as published in 2017 has observed that on examination of the distortions, deviations in the pay structure requires an in depth analysis of the relevant recruitment rules, revisional pay rules, comparative study with similar posts of the various department, hysterical parity among the different posts of the similar nature , horizontal and vertical connectivity of the posts and the future consequences connected to such revision. The process itself is an extentive exercise which requires lot of time. The Committee is constrained by the time frame allowed to it. Analysis of the distortion, deviation in the pay structure and suggesting way outs of the removal of the distortion/deviation cannot be completed within such short time slot. With the introduction of the new pay matrix it is expected that the number of distortion, deviation will be removed but still there may remain few more distortion, deviation which may require further in depth examinations. The Committee recommends that the State government may set up an anomaly committee at a convenient time after the new pay matrix system is implemented so that the analysis and examination of each of the issues brought before this Committee can be addressed on merits."

In Annexure-9 of the writ petition, where the reference is recorded in respect of the above anomalies in the pay structure of Jailor and Sub-Jailor in the following manner:

"Existing pay scale of Sub-Jailor, Dy. Jailor is lower than the similar post of Sub Inspector of Police and Subedar (TSR) respectively and pay scale of Jailor (Group-B Gazetted) under Home (Jail) Department is lower than the similar post Inspector of Police (Group-B Gazetted) under Home (Police) Department. Pay scale of Jailor under Home (Jail) Department and pay scale of Inspector of Police, under Home (Police) Department was same scale as was reflected in the ROP, 1988. Sub-Jailor is drawing the same scale of the lower post of Chief Head Warder. Matter be looked into."

Even the matter was referred to the Expert Committee of the Review of Pay and other benefits for the government employees but the said Committee has observed, as reflected in the report [2017] of the Pay and Pension Review Committee, has not recommended anything in respect of the said anomaly. Thus, since 1999, the anomaly stands as it is. There is no progress and nobody has taken care of, though the petitioners in both the writ petitions were/are being deprived of their pay vis-a-vis their status, as determined by the government.

In the writ petition being WP(C) 1637/2017, the petitioner is, at present, serving as Sub-jailor. Though the Sub- Jailor is a promotion post of Chief Head Warden under the Prison Directorate but he is getting the same pay scale of Chief Head Warden of the Prison Directorate. Thus, the promotion has become a meaningless exercise. The anomaly continues in respect of the pay scale. The petitioner has urged for removing the anomaly by filing several representations, but nothing has yielded therefrom.

In the counter affidavit filed by the respondents, particularly, in para 16 it has been observed that the Anomaly Committee was constituted on 28.03.2014 by the Finance Department for consideration of the pay structure of the Sub- Jailor in consonance to the pay scale of the Sub-Inspector of Police. After the exercise, the said Committee had submitted their report. In the report, the following recommendations were made.

"The Committee is of the opinion that the post of the Sub-Jailor in the Home (Jail) Department, deserves consideration for the modified higher revised pay structure equivalent to the SubInspector of Police. But if the petitioners are provided with the modified higher revised pay structure which is identical to their promotion post and the existing pay structure of the promotion post is kept unaltered it will affect the departmental administrative hierarchy resultantly i.e., the pay structure of the SubJailor cannot be considered in isolation without considering the modified pay structure of the promotion post as the existing pay structure of the Sub-Inspector of Police and the promotion post of Sub-Jailor are same. So it appears to the Committee that Pay commission/ Pay review Committee is the proper forum to take up such exercise. Subsequently, the said recommendation had communicated to the petitioners vide Memorandum dated 31.10.2014. Thereafter the said issue has already been placed before the Pay Revision Committee, vide letter dated 19.04.2017 for consideration but Pay Revision Committee has not separately considered the same for the post of Sub-Jailor Home (Jail) Department in ROP 2017."

This being the situation, the petitioners are in continued jeopardy and they are being deprived of the appropriate scale to retain their posts in the Grade B.

Mr. Ghosh, learned counsel has submitted that the respondents have intention to remove the anomaly but the exercise would take some time, because the pay scale has to be adjusted with the cascading effects. If the pay scale of Jailor is made equivalent to the Inspector of Police and the pay scale of Sub-Jailor is made equivalent to the post of Sub-Inspector of Police, in the hierarchy necessary changes are to be made.

This Court is constrained to observe that if two decades is not a sufficient time for the government, nobody can help this government.

Having observed thus, the respondents are directed to equate the pay scale of the Jailor with the Inspector of Police with all its benefits and the pay scale of the Sub-Jailor with the Pay scale of the Sub-Inspector of Police. This Court understands that there would be cascading effects inasmuch as a good number of posts are fitted with the same pay scale. For this purpose of adjustment, three months time is granted to the respondents.

After due adjustment within three months, the pay scale of Inspector of Police be afforded to Jailor under the Prison Directorate and to grant the pay scale of Sub-Inspector of police to the Sub-Jailor with all other ancillary benefits, inasmuch as the Expert Committee has categorically observed that these posts deserve equation of pay scale considering the post pattern and the pay scales for achieving the equivalence having regard to the status.

Having observed thus, these writ petitions are allowed to the extent as indicated above. There shall be no order as to costs.

Copy of this order be furnished to the learned counsel for the respondents.