Bibekananda Majumder vs Agartala Municipal Corporation And Ors

1) Heard Mr. D.K. Biswas, learned counsel along with Mr. G.K. Nama, learned counsel appearing for the petitioner as well as Mr. K.K. Pal, learned counsel appearing for the respondent-Agartala Municipal Corporation. None appears for the State respondent.

2) The question arises in this writ petition is the entitlement of the pay scale of the petitioner as Sanitary Inspector at par the pay scale of the Sanitary Inspector of Health & Family Welfare Department of the State Government as per the ROR Rule 1988.

3) The petitioner was first appointed as Sanitary Inspector under the Corporation in the year 1995. From the letter dated 5th August, 2015 annexed to the counter affidavit filed by the respondent-Agartala Municipal Corporation, it is revealed that the petitioner has made a correspondence with the Directorate of Urban Development Department, Government of Tripura, Agartala wherein he has stated that he had to be allowed pay scale of Rs.1450-3710/-(Pre-revised) instead of Rs.1300-3220/- from the date of his appointment w.e.f. 05.05.1995 at par the pay scale of Sanitary Inspector of Health & Family Welfare Department.

4) The Municipal Commissioner in his correspondence on 5th August 2015 referring to the said representation of the petitioner had urged the Directorate of Urban Development Department, Government of Tripura, Agartala to the effect that " The pay scale of existing R.R. for the post of Sanitary Inspector of AMC is Rs.4200-8650/-(Pre-revised) and the said pay scale was also shown at the time of Re-organization of A.M.C. Thus it is a case of anomaly, which can be removed by the Govt.(Finance Department).

It is therefore, requested to kindly take appropriate action from your end for removal of anomaly for the post of Sanitary Inspector of AMC".

5) The said letter dated 5th August, 2015 is re-produced hereinbelow for convenience:-

"AGARTALA MUNICIPAL CORPORATION AGARTALA

No.F.vii-34/amc/gs/95/14662-63 Dated, Agartala, the 5th August, 2015

To

The Director,Urban Development Deptt. Govt. of Tripura, Agartala.

Sub:- Anamoly of pay scale of Sanitary Inspector of AMC.

Sir,

I would like to inform you that Sri Bibekananda Majumder, Sanitary Inspector, AMC has submitted a prayer for allowing him the pay scale of Rs.1450-3710/-(Pre-revised) instead of Rs.1300-3220/-from the date of his appointment w.e.f. from 5.5.1995 at per pay scale of Sanitary Inspector of Health & Family Welfare Deptt. (copy enclosed).

The pay scale of existing R.R for the post of Sanitary Inspector of AMC IS Rs.4200-8650/-(Pre-revised) and the said pay scale was also shown at the time of Reorganization of AMC. Thus it is a case of anomaly, which can be removed by the Govt. (Finance Department).

It is therefore, requested to kindly take appropriate action from your end for removal of anomaly for the post of Sanitary Inspector of AMC.

Enclo:- As stated

Yours faithfully

Sd/-

(Milind Ramteke, IAS) Municipal Commissioner Agartala Municipal Corporation"

6) A bare perusal of the letter dated 5th August, 2015, makes it clear that respondent-Agartala Municipal Corporation has approved the pay scale of the Sanitary Inspector @ Rs.4200/8650/-(Pre-revised) which is applicable to the Sanitary Inspector of the Health & Family Welfare Department of the Govt. of Tripura. From the said letter it is also evinced that the Municipal Commissioner of Agartala Municipal Corporation had urged the Govt. to direct the Director Urban Development Department, Government of Tripura to remove the anomaly. But, it is the grievance of the petitioner that till today, the Government has not taken into consideration the said request of the Municipal Commissioner vide his letter dated 5th August, 2015 to remove the anomaly regarding wrong fixation of pay scale of the petitioner as Sanitary Inspector.

7) Having regard to this aspect, I direct the State-respondent to consider the letter dated 5th August, 2015 and take an appropriate decision in terms of the ROR applicable to the petitioner as well as keeping in mind the correspondence made by Agartala Municipal Commissioner vide letter dated 5th August, 2015 within a period of three months from today. The decision which would be taken by the State-respondent must be informed to petitioner-Sri Bibekananda Majumder within the said three months.

8) With the above observation and direction, the instant writ petition stands disposed.

9) A copy of this order be supplied to learned counsel of both the parties on their payment of requisite fees.