Ranjit Saha vs State Of Tripura And 3 Others

Arindam Lodh, J

Heard Mr. S. Bhattacharjee, learned counsel for the petitioner. Also heard Mr. SS Debnath, learned counsel for the respondents - Tripura Small Industries Corporation Limited (for short, TSICL).

By means of filing the instant writ petition, the petitioner has prayed for releasing the arrear of pay and salary in consequence of allowing the benefit of Tripura Pay Matrix-2018 for the period from October, 2018 to October, 2020, to the employees of TSICL w.e.f. 01.10.2018. According to the petitioner, Tripura Pay Matrix, 2018, was implemented in respect to the employees of TSICL w.e.f. 01.10.2018. The petitioner was provided with the said benefit only for three months before his retirement w.e.f. November, 2020, December, 2020 and January, 2021. The petitioner retired from service as Supervisor (Bricks) on attaining the age of superannuation w.e.f. 31.01.2021. The petitioner made several representations before the respondents for releasing the said benefits, but, the representations of the petitioner failed to evoke any response by the respondents. Hence, the instant writ petition for releasing the said arrear benefits with interest has been filed.

Mr. Bhattacharjee, learned counsel has submitted that the benefit of Tripura Pay Matrix-2018, had been extended to other employees of TSICL w.e.f. 01.10.2018, but, the same benefit had not been given to the petitioner who was only given the benefit for three months before his retirement i.e. for November, 2020, December, 2020 and January, 2021, though the petitioner retired on 31.01.2021.

I have perused the records annexed to this writ petition. I have noticed that the respondent no.2 had issued a memorandum dated 20.11.2020 regarding implementation of Tripura State Pay Matrix-2018. The said memorandum may be reproduced hereunder, in verbatim:

"The Tripura Small Industries Corporation Ltd.

(A Government of Tripura Undertaking)

Kunjaban Colony, Agartala-799005, West Tripura

Phone-(0381)-2323429/4388

Email:- [email protected]

Ref.TSIC/OA/C(217)/2019/Part/568-71 Dated- 20/11/2020

MEMORANDUM

Sub:- Implementation of Tripura State Pay Matrix-2018

"In reference to the decision of the Government of Tripura communicated vide No. F.VI-1(100) PLG/DI/2015/PART-1/9356-62 dated 14.06.2019 by the Department of Industries and Commerce, Govt. of Tripura in respect to the Revision of Pay of employees and workers of PSUs/Board/Society under administrative control of the Department of (I&C) at par with Tripura State Pay Matrix-2018 and subsequent concurrence of the Finance Department, Government of Tripura, communicated vide letter no. f.VI-1(100)/PLG/DI/2015/PART-1/19724 dated 19.11.2020, the Tripura State Pay Matrix-2018 at par is now implemented with effect from the month of 1st November 2020 in cash for all categories of employees including deputed/redeployed employees of TSIC Ltd. Regarding the arrear, payment from 1st October, 2018 to 31st October 2020, it will be paid on availability of fund."

It is admitted in the writ petition that the petitioner was extended with the benefit of Tripura Pay Matrix-2018 w.e.f. the month of 1st November, 2020 till the date of his retirement on 31.01.2021. As per the memorandum dated 20.11.2020, it was decided by the Corporation that regarding payment of arrears, if accrued out of Tripura Pay Matrix- 2018 from 1st October, 2018 to 31st October, 2020 would be considered on availability of fund.

In view of this, this court is not inclined to issue any direction upon the respondent nos. 2 and 3 to make payment out of arrear of the benefit of Tripura Pay Matrix-2018 w.e.f. 1st October, 2018 to 31st October, 2020. It will all depend on availability of fund of the Corporation. If the fund allows, the respondent nos. 2 and 3 must release the same benefit in favour of the petitioner.

Annexure 4 to the writ petition reveals that the respondent nos. 2 and 3 had already extended the benefit of Tripura Pay Matrix- 2018 to similarly situated employees of the Corporation w.e.f. 1st October, 2018, and the arrears have already been paid to them. If that be so, the petitioner deserves equal benefit since there is no reason to decide his case differently.

Mr. SS Debnath, learned counsel for the TSICL, the principal respondent herein, has submitted that Tripura Pay Matrix- 2018 has not been adopted by the TSICL, the respondent nos. 2 and 3 herein. As such, the petitioner is not entitled to claim the reliefs, as prayed for in the writ petition.

In view of this, it is directed that the respondents shall consider the release of the benefit of Tripura Pay Matrix- 2018, if it is provided to other similarly situated employees of TSICL. The respondent nos. 2 and 3 are further directed to consider the process of such consideration regarding release of the benefit, as provided under Tripura Pay Matrix-2018 within a period of 2(two) months from the date when the petitioner shall furnish a copy of this order to the office of TSICL.

With the aforesaid observations and directions, the instant writ petition stands allowed and disposed.

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